Umversitu of
Library
LAWS
of the
STATE OF NEW HAMPSHIRE
PASSED JANUARY SESSION, 1965
LEGISLATURE CONVENED JANUARY 6, 1965
ADJOURNED JULY 2, 1965
CONCORD, N. H.
1965
34c
Printed by
Evans Printing Company, Inc.
Concord, N. H.
Bound by
Neal Printing and Binding Co.
Dover, N. H.
STATE OFFICERS
Governor .
Councilors
John W. King
William A. Styles
Austin F. Quinney
Emile Simard
Robert L. Mallat, Jr.
James H. Hayes
Secretary of State Robert L. Stark
Deputy Secretary of State Edward C. Kelley
Treasurer Robert W. Flanders
Deputy State Treasurer Everand D. Young
Adjutant General Francis B. McSwiney
Comptroller Leonard S. Hill
Director of Accounts Norval D. Lessels
Director of Purchase and Property . Richard N. Peale
Business Supervisor Walter F. Mead
Assistant Business Supervisors Arthur H. Fowler
Frank E. Adams
Director of Division of Records
Management and Archives Edwin H. Hunt
Aeronautics Director Roger J. Crowley, Jr.
Agriculture Commissioner Frank T. Buckley
State Entomologist James G. Conklin
State Veterinarian Clarence B. Dearborn
Milk Control Board William H. Craig
John J. Chesleigh
Leonard Gould, Jr.
Attorney-General William Maynard
Deputy Attorney-General George Pappagianis
Assistant Attorneys-General Alexander J. Kalinski
William J. b'Neil
R. Peter Shapiro
William F. Cann
Robert W. Moran
George L. Manias
Director of Charitable Trusts Robert A. Danais
Bank Commissioner Vincent P. Dunn
Deputy Bank Commissioner James W. Nelson
Assistant Bank Commissioner Arlan S. MacKniffht
VI
State Officers
Cancer Commission Joseph W. Epply
Frank Wesley Lane, Jr., M.D.
Warren F. Eberhart, M.D.
James H. Park, M.D.
Michael A. Michaels, M.D.
Mary E. Tracy
Civil Defense Director Francis B. McSwiney
Education Com7nissioner Paul E. Farnum
Director of New Hampshire Tech-
nical Institutes and Chief, Divi-
sion of Vocational Education . . . Earl H. Little
Employment Security Commissioner . Benjamin C. Adams
Fish and Game Director J^ck F. Kamman
Health and Welfare Commissioner . . James J. Barry
Mental Health Director Donald M. Bramwell, jVLD.
Public Health Services Director . . . Mary M. Atchison, M.D.
State Sanatorium Superintendent . . Francis J. Kasheta, M.D.
A^eiv Hampshire Hospital Superin-
tendent, Acting G. Donald NisAvander, M.D.
Laconia State School Superintend-
ent Arthur E. Toll
Registrar of Vital Statistics Marian Maloon Colby
Veterans' Council State Director .... Charles R. Cimningham
Industrial School Superintendent .... Michael Morello
Prison (State) Warden Parker L. Hancock
Insurance Commissioner Donald Kno^vlton
Deputy Insuratice Commissioner . . Simon M. Sheldon
Judicial Council fames L. Sullivan
John H. Ramsey
Robert E. Farley
Frank R. Kenison
John H. Leahy
Robert W. LIpton
Maurice F. Devine
Ed\vard J. Gallagher
H. Thornton Lorimer
Labor Commissioner Robert M. Duvall
Deputy Labor Commissioner Ruth G. Morgan
Librarian (State) Emil W. Allen, Jr.
Assistant Librarian Elizabeth Ann Kingrseed
State Officers
Liquor (State) Commission Arnold T. Clement
Marye Walsh Caron
Costas S. Tentas
Personnel Commission Director Roy Y. Lang
Deputy Director James D. Bell, Jr.
Public Utilities Commission Frederick N. Clarke
Francis ]. Riordan
Charles F. Stafford
Public Works and Highways Commis-
sioner Jol^"^ O- Morton
Deputy Commissioner Robert H. Whitaker
Assistant Commissioner Joh^^ T. Flanders
Racing (State) Commission Emmet J. Kelley
Robert D. Philbrick
Leon W. Anderson
Resources and Economic Development
Commissioner John F. Rowe
Director of Division of Resources . .
Development William H. Messeck, Jr.
Director of Division of Economic
Development
Director of Division of Parks Russell B. Tobey
Safety Department Commissioner .... Robert W. Rhodes
Division of Motor Vehicles Director Ralph V. Gould
Road Toll Administrator John J. Mara
Financial Responsibility Adminis-
trator Clarence E. Bartlett
State Police Division Director Joseph L. Regan
Division of Safety Services Director Clifton W. Smith
State Buildings & Grounds Superin-
tendent Arthur L. Petell, Jr.
Sweepstakes Commission Director . . . Edward J. Powers
Water Resources Board Chairman . . . George M. McGee, Sr.
Fire Marshal (State) Aubrey G. Robinson
Tax Commission (State) Secretary . . . La^vton B. Chandler
Tax Commission Chairman Oliver W. Marvin
Vll
viii Courts
SUPREME COURT
Chief Justice Frank R. Kenison
Associate Justices Laurence I. Duncan
Amos N. Blandin, Jr.
Edward J. Lampron
Stephen M. Wheeler
State Reporter and Clerk of Supreme
Court George O. Shovan
SUPERIOR COURT
Chief Justice . . . .
Associate Justices
John H. Leahy
William A. Grimes
Robert F. Griffith
George R. Grant, Jr.
William W. Keller
Thomas J. Morris
Martin F. Loughlin
Richard P. Dunfey
LEGISLATURE OF 19 6 5
SENATE
President — Stewart Lamprey, Moultonborough
Clerk — Benjamin F. Greer, Manchester
Counsel to the Senate — Arthur G. Marx, Alstead
Senate Recorder — Esther T. Hurd, Concord
Sergeant-nt-Arms — Arthur R. Goodfellow, Dorchester
Messenger — Herbert Howe, Tilton
Asst. Messenger — Elwyn Wyman, Concord
Doorkeeper — Richard Odell, Temple
SENATORS
Laurier Lamontagne, Berlin
Eda C. Martin, Littleton
Lester E. Mitchell, Sr., Campton
Stewart Lamprey, Moultonborough
William R. Johnson, Hanover
Edith B. Gardner, Laconia
Nelson E. Howard, Franklin
James A. Saggiotes, Newport
William P. Gove, Concord
Clesson J. Blaisdell, Keene
Robert English, Hancock
Creeley S. Buchanan, Amherst
* Louis W. Paquette, Nashua
Richard D. Riley, Hooksett
Paul A. Rinden, Concord
Dorothy Green, Manchester
Louis L Martel, Manchester
Paul E. Provost, Manchester
Thomas Waterhouse, Jr., Windham
Lucien E. Bergeron, Rochester
Molly O'Gara, Dover
J. Arthur Tufts, Jr., Exeter
Douglass E. Hunter, Sr., Hampton
Eileen Foley, Portsmouth
HOUSE OF REPRESENTATIVES
Speaker — Walter R. Peterson, Peterborough
Clerk — Francis W. Tolman, Nelson
Assistant Clerk — J. Milton Street, Sharon
Sergeant-at-Arms — Lloyd E. Fogg, Milan
Chaplain — Rev. William H. Crouch, Concord
Custodian of Mail and Supplies — Forrest A. Bucklin, Laconia
Doorkeeper — Bertha E. Boutwell, Concord
Doorkeeper — Florence T. Gould, Wentworth
Doorkeeper — Randolph Milligan, Newbury
Doorkeeper — Herbert R. Richardson, Randolph
Doorkeeper — Mary T. Vey, Brentwood
•^Deceased. Replaced by Thomas J. Claveau, d, Hudson
IX
The Legislature of 1965
BELKNAP
Alton, Kenneth W. Chamberlain, Sr.. r
Barnstead, Eda St. John, d
Belmont, Lyle N. Watson, r and d
Center Harbor, L. Keith Matheson, r
Gilford, Lawrence W. Guild, r
Gilmanlon, Frank L. Uhlenbera,-, r
Lacouia.
Ward 1, Romeo R. deBlois, r
Walter D. McCarthy, r
Ward 2, Ann G. Dearborn, d
ALiro^aret E. Normandin, d
COUNTY
Ward 3, George A. Head, r
Ward 4 , Oscar C. Prescott, r
Ward 5, Helen D. Hayner, r
David O'Shan, r
Ward 6, Claude W. Foster, r
George W. Stafford, r and d
Meredith, Stuart B. Allan, r
Neiv Hampton, H. Thomas Urie, r
Sanbornton, Olin A. Joslyn, r
Tilton, Earle F. Randall, r
CARROLL COUNTY
Bartlett, Donalda K. Howard, r
Conu'ay, Esther AL Davis, r
Dana J. Farrington, r
Milburn F. Roberts, r
Eaton, Thayne S. Williams, r
Madison, J. Donald Hayes, r
Monltonborough , Dorothy W. Davis, r
CHESHIRE
Alstead, Ralph W. Totman, r
Chesterfield, James E. O'Neil, r
Dublin, Belle F. Cowing, r
Fitzivilliam, William J. Watkinson, r
HarrisiiiUe, W. B. Shubrick Clymer, r and
d
Hinsdale, Clifford D. Stearns, r
Jaffrey, Wilfred W. Cournoyer, d
Raymond J. Desmarais, d
Keene,
Ward 1, Jeremiah J. Keating, d
C. Michael O'Neil, d
Frederick L. Pratt, d
Ward 2, Stephen W. Pollock, Sr., r
Roberta T. Shea, r
Ward 3, Mildred E. Gutterson, r
Ossipee, Marcus E. Diffenderfer, r
Sandiuich, Richard A. Kurth, r
Tajnworth, Earle H. Remick, r
Tuftonboro, Carroll A. Lamprey, r
Wakefield, Arthur H. Fox, r
Wolfeboro, Leslie M. Chamberlain, r
Russell G. Claflin, r
COUNTY
Cleon E. Heald, r
Ward 4, John R. Bradshaw, r
Ellen Faulkner, r
Ward 5 , Laurence M. Pickett, d
Margaret A. Russell, d
Marlborough, Wilfred P. Lerandeau, d
Marlozo, Roxie A. Forbes, r and d
Rindge, James F. Allen, r
Roxbury, William L. Yardley, r
Sivanzey, Stacey W. Cole, r
Donald H. MacFarlane, d
Troy, *Clarcnce J. Abare, d
Waipole, Louis S. Ballam, d
Donald H. Spitzli, r and d
Westmoreland, George S. Wildey, r
Winchester, Francis C. Gutoski, d
COOS
Berlin,
Ward 1, Leon T. Dubey, d
Guy J. Fortier, d
Edgar J. Roy, d
Ward 2. Romeo A. Desilets, d
Frank H. Sheridan, d and r
Ward 3, Hilda C. F. Brungot, r
George Lemire, d
Donald W. Williams, d
Ward 4, Arthur A. Bouchard, d
Jennie G. Fontaine, d and r
Rebecca A. Gagnon, d
Carroll, Joseph A. Seymour, d
Colebrook, Harry N. Marsh, r
Dallon, William O. Emerson, r
COUNTY
Errol, George O. Thurston, r
Gorham, *George W. W. Graham, r and d
Richard E. O'Hara, d
Lancaster, Lloyd G. Sherman, r
Ralph D. Shute, r
Milan, Edna D. Fogg, r
NortJiumberland, Walter O. Bushey d and
r
Alfred G. Manning, d
Pittsburg, Harry F. Huggins, r and d
Shelburne, Lauris Wheeler, r
Stewartstown, Chester D. Noyes, r and d
Stratford, Roger L. Hunt, d
White field, Ada C. Taylor, r
The Legislature of 1965
XI
GRAFTON
Ashland, Thomas Pryor, r
Bath, Edwin P. Chamberlin, r
BetJilehem, Malcolm J. Stevenson, r
Bridgexvater, Morton H. Cavis, r
Bristol, Bowdoin Plimier, r
Campton, Philip S. Willey, r
Canaan, Norman H. EUms, r
Enfield, Walter C. Morse, d
Franconia, Ernest F. Johnson, r and d
Grafton, A. Stuart Gage, r
Hanover, Fletcher Low, r
John C. Manchester, r
Mary M. Scott-Craig, d
Haxierhill, Wilfred J. Larty, r and d
Norman A. McMeekin, r
Holderness, Herbert H. Karsten, r
Lebanon,
Ward 1 , Arthur F. Adams, r
COUNTY
Rose S. Putnam, d
Ward 2, Ernest R. Coutermarsh, d and r
Mary E. Dcmers, d
Ward 3 , Robert M. Lewis, r
Gladys L. Whipple, r
Lincoln, George M. McGee, Sr., d
Lisbon, George Brummer, d
Littleton, Van H. Gardner, r
Marcia T. Rich, r
John H. Tilton, r
Lyme, Hazel L Park, r
Monroe, Katherine G. Johnson, r
Orford, Walter R. Mack, r
Plymouth, Kenneth G. Bell, r
Stephen W. Smith, Sr., r
Warren, Fayne E. Anderson, r
Woodstock, St. Clair A. Berringer, r
HILLSBOROl
Amherst, Orson H. Bragdon, r
Antrim, Ellerton H. Edwards, r
Bedford, Anna S. Van Loan, r
Ralph M. Wiggin, Sr., r and d
Bennington, Theodore Aucella, r
Decring, Howard E. Whitney, r
Gofjstoion, Roland A. Barnard, d
F. Arthur Bartlett, d
Raymond R. Ducharme, d
Edward J. LeVasseur, d
Greenfield, Donald C. Davis, r
Greenville, Alexander M. Taft, r and d
Hillsborough. Joseph M. Eaton, r
Hollis, Daniel Brocklebank, r
Hudson, John AL Bednar, d
Christopher F. Gallagher, d
Roland Latour, d
*George J. Provencal, d
Litchfield, Arthur H. Morrill, r
Manchester,
Ward 1, Greta M. Ainley, r
Thomas E. Bartlett, r and d
Saul Feldman, r and d
George J. Resnick, r and d
Emile J. Soucy, r
Ward 2, Maurice A. Broderick, d
Donald S. Conover, d
J. Henry Montplaisir, r
Harry E. Nyberg, d
Thomas F. O'Rourke, d
Ward 3, George A. Bruton, d
Leo L. Dion, d
James F. Hayes, d
UGH COUNTY
Ward ^, William J. Cullity, d and r
Walter McDermott, d
John L. Welch, d and r
Ward 5, William W. Corey, d
Thomas E. Manning, d
Edward J. Walsh, d
Ward 6, Denis F. Casey, d
Edward D. Clancy, d
Martin J. Fitzpatrick, d
Daniel J. Healy, d
Michael J. Keane, d
Robert E. Raiche, d
Ward 7 , Emile J. DesGrosseilliers, d
Edward T. LaFrance, d
Charles }. Leclerc, d
Albina S. Martel, d
Ward 8, Alphonse L. Bernier, d
D. Ray Blanchard, d
Edward Champagne, d
William H. Craig, d
Eugene Delisle, Sr., d
Armand J. Lemieux, d
Ward 9, Romeo J. Olivier, d
Ward 10, Gerard H. Belanger, d
Alfred A. Bergeron, d
John J. Kearns, d
James F. Mahoney, d
Ward 11 , George J. Hurley, d
Joseph P. Kendrigan, d
Maurice H. Noel, d
Ward 12, Armand Capistran, d
Alphonse Levasseur, d
Joseph C. Nalette, d
xn
The Legislature of 1965
Ward 13, Edmond Allard, d
Lorenzo P. Gauthier, d
Origene E. Lesmerises, d
Hector J. Rousseau, d
IVard /•/, Willibert Gamache, d
Emmett J. Grady, d
Georges J. Ouellettc, d
Marcel A. Vachon, d
Mason, Charles H. Babb, r and d
Merrimack, Herschel W. Cox, d
Mary M. Moriarty, d
Milford, Malcolm M. Carter, r
Roscoe N. Coburn, r
Charles W. Ferguson, Jr., r
Mont Verno72, Roland E. Christie, Jr., r
Nashua,
Ward 1, Helen A. Barker, r
Roland B. Burnham, r
Marshall W. Cobleigh, r
Christus M. Nikitas, d
Ward 2, George A. Dionne, d
Theodore W. Rosedoff, d
Ward 3, Agenor Belcourt, d
Roland H. LaPlante, d
Ward 4 , Frank J. Sullivan, d
Ward 5, Harry P. Makris, d
Albert Maynard, d
Ward 6, John B. Dionne, d
Ernest Marcoux, d
Ward 7 , Ralph W. Boisvert, d
Treffle G. Levesque, d
Samuel F. Mason, d
Ward 8, Oscar P. Bissonnette, d
Arthur J. Bouley, d
John Latour, d
Richard W. Leonard, d
Frank C. Sabluski, d
Joseph P. Whelton, d
Ward 9, William A. Desmarais, d
Arthur Poliquin, d
New Boston, Marjorie D. Colburn, r
Neiu Ipsioich, Theodore H. Karnis, r
Pelham, Thomas J. Cleghorn, r
Arthur H. Peabody, d
Peterborough, Robert C. Brown, r
Walter R. Peterson, Jr., r
Weare, Frank N. Sawyer, r
Wilton, Philip C. Heald, Jr., r
MERRIMACK COUNTY
Allenstown, Narcisse V. Guilbeault, d
Andover, Victor E. Phelps, d
Boscawen, Clyde G. Fairbanks, d
Bow, Richard D. Hanson, r
Bradford, Reuben S. Moore, r
Canterbury, George D. Kopperl, r
Concord,
Ward 1, George J. Bouley, d and r
Edward H. York, d and r
Ward 2, Alice Davis, r
Ward 3, Arthur F. Henry, r
Ward 4, Walter B. Dame, r
Stuart Hancock, r
Ward 5, James C. Bingham, r
Roger A. Smith, r
Ward 6, Chris K. Andersen, r
Daniel F. Jelley, d
♦Maurice B. MacDonald, r
Horace W. Sanders, r
Ward 7 , Richard J. Howard, r
Paul B. Maxham, r
Arthur E. Roby, Sr., r
*Archie H. Shute, r
Ward 8, Donald J. Welch, r
Ward 9, Pasquale V. Rufo, r
Epsom, Henry L. Stevens, r and d
Franklin.
Ward 1, Howard R. Kelley, r
Ward 2, Wiggin S. Oilman, d
Ward 3, John P. Dempsey, d
Leo La Roche, d
Henniker, Diamond A. Maxwell, r
Hill, Harold H. Schatz, r
Hooksett, George A. Cook, d
Alphonse A. Lafond, d
Hopkinton, Samuel Reddy, Jr., r
Loudon, George B. Brown, r
Newbury, Ida V. C. Milligan, r
Neiu London, M. Roy London, r
Northfield, Doris L. Thompson, r
Pembroke, Philip Brasley, d
Robert E. Plourde, d
Pittsfield, Dennis E. Murphy, Jr., d
Salisbury, George A. Bork, r
Warner, L. Waldo Bigelow, Jr., r
Wilmot, Arthur E. Thompson, r
ROCKINGHAM COUNTY
Atkinson, George W. White, Sr., r
Auburn, Margaret A. Griffin, r
Brentwood, LeRoy M. Lake, r
Candia, Karl J. Persson, r and d
Chester, Russell E. Underwood, r
Danville, Charles E. Cummings, r
Deerfield, Ross E. Watts, r
The Legislature of 1965
Xlll
Derry, Charles H. Gay, r
Hayford T. Kimball, r
John L. Scott, r
Robert J. Stratton, r
Epping, Luther B. Pennington, Jr., r
Exeter, Lyman E. CoUishaw, r
Edwin W. Eastman, r
Albert J. Ferron, r
F. Leroy Junkins, r
Greenland, Edna B. Weeks, r
Hmnpstead, Doris AL Spollett, r
Hampton, Herbert A. Casassa, r
Donald A. Ring, r
C. Dean Shindledecker, r
Hampton Falls, Bernice B. Barnes, r
Kensington, D. Everett Palmer, r
Kingston, Ernest D. Clark, r
Londonderry, Charles H. Hall, r and d
New Castle, Kathleen B. McDonough, r
Newfields, Thomas J. Kimball, r
Newmarket, F. Albert Sewall, d
John Twardus, d
Newton, George L. Cheney, r
North Hampton, *George G. Carter, r
Northwood, Ernest L. Pinkham, r
Nottingham, James R. Kelsey, r
Plaistow, Mildred L. Palmer, r
Annie Mae Schwaner, r
Portsmouth,
Ward 1, William F. Keefe, d
Raymond J. McEachern, d
Ward 2, Christopher M. Conlon, d
Jeremiah Quirk, r
Ann Sadler, d
Ward 3, C. Cecil Dame, r
Clayton E. Osborn, r
T^rtrY/ 7, Robert T Call, d
Julia H. White, r
Ward 5, Hector Coussoule, d
Edward J. Ingraham, d
Ward 6, Eileen G. Rossley, d
Reginald F. Smith, d
Raymond, Calvin J. Langford, r
Rye, Jacob S. Ciborowski, r
Elizabeth A. Greene, r
Salem, Jeanette Gelt, r
John J. Grant, Sr., r
Charles T McMahon, d
Bessie M. Morrison, r
Leonard B. Peever, r
Daniel F. Regan, d
Sandoiuji, Ralph D. Barnes, r
Seabrook, *Myron B. Felch, r
Stratham, Nelson E. Barker, r
]Vindham, Edward N. Herbert, r
STRAFFORD
Barrington, Dorothy B. Berry, r
Dover,
Ward 1, Alice F. Blanchette, d
Robert Lee Hilliard, d
Albert L. Nelson, d
Ward 2, Helene R. Donnelly, d
Alfred J. Guilmette, d
Ward 3, * Robert J. Smith, r
John T. Young, r
Everol M. Hickey, d
Ward 4, William E. Colbath, r
Robert J. McCann, d
George T. McKenna, d
Ward 5, Emmet J. Flanagan, d
Durliavi, Leon M. Crouch, r
Harold C. Grinnell, r
*Clarence B. Wadleigh, r
Farmington, Ralph W. Canney, r
Robert B. Drew, r
Lee, Shirley M. Clark, r
Milton, Ruth H. Dawson, r
New Durham, Idanelle T. Moulton, r
COUNTY
Rochester,
Ward 1 , Ernest L. Rolfe, r
Ward 2, Winifred E. Hartigan, d
Nore n D. Winkley, d
Ward 3, Paul J. Dumont, d
Glenna H. Rubins, d
Ward 4 , Leo E. Beaudoin, d
Angeline M. St. Pierre, d
Ward 5, John J. Bradford, d
Harry S. Johnson, r
Ward 6, Raymond L. Boucher, r
Anthony J. Corriveau, r
Rollinsford, Ronald }. Marcotte, d
Somersioorth,
Ward 1, Sarkis N. Maloomian, d
Ward 2, Napoleon A. Habel, d
Ward 3, Peter N. Chasse, d
Fred J. Coffin, d
Ward 4, Arthur J. Vincent, d
Ward 5, Henry Boire, d
Strafford, William B. Lynbourg, d
XIV
The Legislature of 1965
SULLIVAN
Charlcstown, Alice E. Adams, r
Martha McD. Frizzell, r
Clarcmont,
Ward 7, William L. Gaffney, d
Leroy H. Piudhomme, d
Ward 2, George W. Angus, r
Allan P. Campbell, r
Sam J. Nahil, r
Ward 3, Arthur W. Barrows, d
Carmine F. D'Amante, d
COUNTY
Ruth AL Hamilton, d
CornisJi, *Charles E. Guest, Sr., r and d
Goshen, Stanley H. Williamson, r
Langdon, Eleanor F. Marx, r and d
Neivport, Elsie C. Bailey, d
Maurice J. Downing, d
Harry V. Spanos, d
Plainfield, Vernon A. Hood, r
Sunapee, George R. Merrifield, r and d
Unity, Margaret B. DeLude, r and d
Clarence J. Abare, d, resigned, replaced by Charles L. McGinness, d
George W. W. Graham, r and d, deceased, replaced by Otto H. Oleson, d
George J. Provencal, d, deceased.
Maurice B. McDonald, r, resigned, replaced by Elwood Peaslee, r
Archie H. Shute, r deceased.
George G. Carter, r, resigned, replaced by James F. Leavitt, r
Myron B. Felch, r, deceased, replaced by Stanley A. Hamel, r
Robert J. Smith, r, resigned, replaced by seating John T. Young, r and Everol M.
Hickey, d, who had been tied.
Clarence B. Wadleigh, r, deceased.
Charles E. Guest, Sr., r and d, deceased, replaced by James F. Mackintosh, r.
The Legislature of 1965 xv
ERRATA
Pase 687:
Change the letters and figures "RSA 265:2" in line one of section 2
of chapter 355 to read RSA 265:22.
LAWS
OF THE
STATE OF NEW HAMPSHIRE
JANUARY SESSION OF 1965
CHAPTER 1.
AN ACT RELATIVE TO COMPENSATION OF ASSISTANT CLERK OF THE SENATE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
1:1 Compensation Established. Amend RSA 14:21 (supp) as amend-
ed by 1955, 335 and 1961, 280 by striking out the same and inserting in
place thereof the following: 14:21 Assistant Clerks. The compensations
of the assistant clerks of the senate and house shall be one hundred and
twenty dollars per week each for each six-day week of any regular session.
1:2 Takes Effect. This act shall take effect January 6, 1965.
[Approved January 29, 1965.]
[Effective date January 6, 1965.]
CHAPTER 2.
AN ACT TO PROVIDE PERSONNEL AND FUNDS FOR THE DEPARTMENT OF
HEALTH AND WELFARE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
2:1 Senior Psychiatrists. Eight new positions of senior psychiatrists
are hereby authorized for the New Hampshire Hospital. The commis-
sioner of health and welfare with the approval of the advisory commis-
sion on health and welfare is hereby authorized and empowered to
employ persons for said eight positions at a salary range of twelve thou-
sand one hundred dollars and fourteen cents (minimum) to fourteen
thousand four hundred thirty dollars (maximum), plus maintenance,
not to exceed two thousand five hundred dollars, for each. The salaries
and maintenance of the persons employed pursuant to this section shall
be paid, for the fiscal year ending June 30, 1965, out of any money in the
salary adjustment fund. None of the provisions of the personnel system
of the state shall apply in any way directly or indirectly to the positions
created by this section.
2 Chapter 2 [1965
2:2 Repeal. The footnotes relative to senior psychiatrists, identified
by the symbol "+", after the appropriations for current expenses for pro-
fessional care and treatment for the state hospital in the division of men-
tal health of the department of health and welfare of chapters 198 and
199 of the Laws of 1963 are hereby repealed.
2:3 Authority to Employ. Notwithstanding any of the provisions
of RSA chapters 94, 98, and 99, all as amended, the commissioner of
heakh and -^velfare with the approval of the advisory commission shall
nominate for appointment by the governor and council a director of the
division of mental health who shall be paid a yearly salary of $18,875
(minimum) to $21,875 (maximum), a superintendent of the New Hamp-
shire Hospital who shall be paid a yearly salary of $17,896 (minimum)
to $20,896 (maximum), an assistant superintendent of the New Hamp-
shire Hospital who shall be paid a yearly salary of $16,220 (minimum)
to $19,220 (maximum), and maintenance for all three of those positions,
and for the classified position of resident physician at Laconia State
School a board certified pediatrician (clinician) at a salary range of fifteen
thousand dollars (minimum) to eighteen thousand dollars (maximum)
plus partial maintenance. Any amount paid to any of the persons em-
ployed for any of the above four positions, under the authority of this
act, above the araiount provided for such position by the provisions of
RSA 94 or 99, as amended, shall be a charge against the salary adjust-
ment fund.
2:4 Appropriation for Supplies. There is hereby appropriated the
following sums for the following purposes: for Laconia State School for
medical care three thousand dollars and for special foods for residents
on special diets three thousand dollars; for New Hampshire Hospital
for the purchase of linens ten thousand dollars. The governor is author-
ized to draw his warrant for the sums appropriated by this section against
any money in the treasury not otherwise appropriated.
2:5 Classified Employees. There are hereby authorized the follow-
ing new classified positions: for the New Hampshire Hospital two psy-
chiatric social workers and seven clerk typists I: for Laconia State School
tAvo clerk typists I. There is hereby appropriated for the payment of the
salaries of the above authorized positions for the fiscal year ending June
30, 1965; for New Hampshire Hospital fourteen thousand two hundred
sixty three dollars and eighty nine cents: for Laconia State School two
thousand six hundred forty eight dollars and fifty eight cents. The gov-
ernor is authorized to draw his warrant for the sums appropriated by
this section against any money in the treasury not otherwise appropri-
ated.
2:6 Takes Effect. This act shall take effect upon its passage and any
of the provisions of sections 1 and 3 of this act inconsistent with RSA
1965] Chapter 3
126-A, as amended, shall be effective only to July 1, 1965.
[Approved February 26, 1965.]
[Effective date February 26, 1965.]
CHAPTER 3.
AN ACT RELATIVE TO AN APPROPRIATION FOR THE AIRPORT OF THE TOWN
OF WHITEFIELD TO MEET REQUIREMENTS FOR STATE AND FEDERAL AID.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
3:1 Appropriation. The sum of thirty-five thousand dollars is here-
by appropriated to be paid to the town of Whitefield to be used and ex-
pended by the town as part of the funds it requires to qualify for state
and federal aid in developing and establishing the Whitefield Airport.
The governor is authorized to draw his warrant for the sum appropriated
by this act out of any money in the treasury not otherwise appropriated.
3:2 Effective Date. This act takes effect upon its passage.
[Approved March 3, 1965.]
[Effective date March 3, 1965.]
CHAPTER 4.
AN ACT RELATIVE TO SALARIES OF LEGISLATIVE ATTACHES AND
SERVICE ASSISTANTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
4:1 Legislative Attaches and Employees. Amend RSA 14:24 (supp)
as amended by 1955, 290:1 and 335:7; 1957, 314:1 and 1961, 280:2 by
striking out said section and inserting in place thereof the following:
14:24 Salaries. The salaries of all legislative attaches and other em-
ployees, unless otherwise specifically provided by statute, shall be deter-
mined by the president of the senate, with the approval of the finance
committee, for such attaches and employees of the senate and by the
speaker of the house of representatives, with the approval of the appro-
priations committee, for such attaches and employees of the house of
representatives. The salaries as determined hereunder shall be a charge
upon the appropriation made for the legislature.
4:2 Repeal. RSA 14:24-a (supp) as inserted by 1961, 280:3 relative
to senate attaches; RSA 14:24-b (supp) as inserted by 1963, 141:4 relative
to longevity; RSA 14:25 (supp) as amended by 1957, 314:2, 1961, 280:4,
1963, 141:1 relative to legislative service assistants; RSA 14:25-a (supp)
4 Chapter 5 [1965
as inserted by 1961, 280:5, as amended by 1963, 141:2, relative to senate
legislative assistants; RSA 14:27 (supp) as amended by 1957, 314:3, 1961,
280:8, 1963, 141:3 relative to mileage clerk, are hereby repealed.
4:3 Limitation. Nothing herein shall be construed as authorizing
the reduction in salary of any attache or employee who was in office or
who was employed by the legislature at the beginning of the 1965 session
which salary ^vas determined by the statutes then in force.
4:4 Rate of Mileage. Amend RSA 14:18 by striking out the words
"Any officer or employee of the senate or house of representatives shall
be alloAved mileage at the rate of seven cents per mile to and from his
home for each day of attendance up to a maximum of fifty miles for one
Avay of travel" and inserting in their place the following: Any officer or
employee of the senate or house of representatives shall be allowed mile-
age at the same rate as other state employees for each day of attendance
up to a maximum of one hundred miles for the round trip, so that the
section is amended to read as follows: 14:18 Travel Allowance to Offi-
cers and Employees. Any officer or employee of the senate or house of
representatives shall be allowed mileage at the same rate as other state
employees for each day of attendance up to a maximum of one hundred
miles for the round trip. Any fractional part of a mile shall be deemed
to be one mile for the purposes hereof. The committee on mileage shall
be the arbiters of all disputes and claims involving payment of mileage
to such officers and employees.
4:5 Takes Effect. Sections 1, 2 and 3 shall take effect upon passage.
Section 4 shall take effect as of January 6, 1965.
[Approved March 8, 1965.]
[Effective date:
Sections 1, 2 and 3 effective March 8, 1965
Section 4 effective as of January 6, 1965.]
CHAPTER 5.
AN ACT TO REGULATE THE LENGTH OF TRACTOR-TRAILERS ON
STATE HIGHWAYS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
5:1 Length of Tractor-trailers. Amend RSA 263:65 as amended by
1957, 191:1; 1959, 92:1 and 262:1, and 1963, 189:2 by striking out said
section and inserting in place thereof the following:
263:65 Width and Length. No vehicle whose ^vidth including load
is greater than ninety-six inches, or whose length including load is
greater than thirty-five feet, and no combination of wheels coupled to-
1965] Chapter 6 5
gether whose total length, including load, is greater than fifty-five feet,
shall be operated on the highways of this state. Provided, however, that
the provisions of this section relative to length shall not apply to vehicles
transporting poles, logs, timbers or metal, when actually so employed,
and that in determining width there shall be excluded six inches of any
increase in width due to changing to low pressure tire equipment from
other tire equipment. Provided further, that a vehicle may be operated
on the highways of this state transporting a load of loose hay or loose
fodder when the width including such load is greater than ninety-six
inches so Ions: as the width of said vehicle without said load does not
exceed said ninety-six inches. Provided further, that a motor bus which
has an overall length, inclusive of front and rear bumpers, in excess of
thirty-five feet, but not in excess of forty feet and the load on any axle
not in excess of the limits provided in RSA 263:61, may be operated on
the highways of this state. Motor Vehicles, tractor and semi-trailer units
exclusively engaged in the transportation of motor vehicles may attain
a maximum length of fifty-five feet excluding the usual or ordinary
bumper overhang of the transported vehicle.
5:2 Takes Effect. This act takes effect sixty days after its passage.
[Approved March 8, 1965.]
[Effective date May 7, 1965.]
CHAPTER 6.
AN ACT TO AUTHORIZE THE MAINE-NEW HAMPSHIRE INTERSTATE BRIDGE
AUTHORITY TO INSTALL A MOVEABLE DRAW SPAN ON THE LOWER
DECK LEVEL AT PIER 21 OF THE PISCATAQUA RIVER BRIDGE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
6:1 Maine-New Hampshire Bridge Authority. Amend RSA 258 by
inserting after section 16 the following new section: 258:17 Moveable
Draw Span. The Maine-New Hampshire Interstate Bridge Authority,
created by the compact or agreement between the state of Maine and
the state of New Hampshire, to which the consent of the Congress of
the United States was given by Act approved July 28, 1937 (50 Stat. 538),
is authorized by this act to proceed with the installation of a moveable
draw span on the lower deck at pier 21 of the Piscataqua River
bridge including any necessary river dredging to provide for a moveable
railroad span, thus making an opening in the lower deck railroad girders
to permit the passage of small harbor craft without interfering with
passage of vehicles at the highway level, all in accord with the general
plans for the bridge as prepared by Harrington & Cortelyou, Consulting
Engineers of Kansas City, Missouri, under date of January 21, 1964. The
6 Chapter 7 [1965
Autliority is further authorized to pay for the work either out of current
re^•enue from the operation of the bridge, or from any trust funds held
by the Authority under the provisions of section 10. The Authority may
not spend more than four hundred thousand dollars under the provi-
sions of this section.
6:2 Effective Date. This act takes effect on its passage.
[Approved March 12, 1965.]
[Effective date March 12, 1965.]
CHAPTER 7.
AN ACT TO PROVIDE FOR THE APPOINTMENT OF A CHAIRMAN OF A
COMMITTEE OF THE GENERAL COURT WHILE IN RECESS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
7:1 Committee of the General Court. Amend RSA by inserting
after RSA 14 a new chapter as follows:
Chapter 14- A
Members of the General Court
14-A:1 Vacancy in Committee Chairman. If the office of chairman
of a committee of either branch of the general court becomes vacant for
any reason at any time after the adjournment of the biennial session and
before the dissolution of the general court under the constitution, the
presiding officer of the branch of the general court in Avhich the vacancy
occurs may appoint a chairman to fill the vacancy from among any of
the members of the committee in which the vacancy exists.
7:2 Effective Date. This act takes effect sixty days after its passage.
[Approved March 16, 1965.]
[Effective date May 15, 1965.]
CHAPTER 8.
AN ACT AUTHORIZING TOWNS TO APPROPRIATE FUNDS FOR
AERONAUTICAL FACILITIES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
8:1 To^\Ti Appropriations. Amend RSA 31:4 by inserting after
paragraph XXXVIII, as inserted by 1963, 90:1, the following new para-
graph:
1965] Chapter 9 7
XXXIX. Aeronautical Facilities. To aid in, or contribute to, the
construction, maintenance and operation of any air navigation facility
in the town or in a neighboring town, which neighboring town may be
within or without the state.
8:2 Takes Effect. Tliis act shall take effect sixty days after its pas-
sage.
[Approved March 18, 1965.]
[Effective date May 17, 1965.]
CHAPTER 9.
AN ACT RELATING TO PAYMENT IN LIEU OF TAXES ON LAND ACQUIRED FOR
MUNICIPAL WATER SUPPLY PURPOSES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
9:1 Payments in Lieu of Taxes. Amend RSA 72 by inserting after
section 11 the following new section: 72:ll-a Water Works, Flood Con-
trol, Additional Provisions. When a city, town or district has acquired,
or acquires property in another city or town for the purpose of water
supply or flood control which for any reason has been exempt from taxa-
tion, such property, if yielding no rent, shall not be liable to taxation
therein but the city, town or district so holding it shall annually pay to
the city or town in which such property lies a sum equal to that which
such place would receive from taxes from such land, ^vithout buildings
or structures thereon, as determined by the state tax commission. Such
payments shall be made and such valuation shall be reviewed, with the
same right of appeal, as provided in section 72: 11.
9:2 Effective Date. This act takes effect sixty days after passage.
[Approved March 18, 1965.]
[Effective date May 17, 1965.]
CHAPTER 10.
AN ACT PROVIDING FOR THE CLASSIFICATION OF THE SURFACE WATERS
OF THE NASHUA RIVER WATERSHED.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
10:1 Classification. On and after the effective date of this act tlie
following surface waters shall be classified in accordance with provisions
of RSA 149.
8 Chapter 11 [1965
I. Nashua River, in the town of Hollis and the city of Nashua, from
the New Hampshire-Massachusetts state line to its confluence with the
Merrimack River, Class C.
II. Nashua River tributaries, in the city of Nashua and the town
of Hollis, from their sources to their confluence with the Nashua River,
Class B-1.
III. Nashua River tributaries, in the towns of Brookline, Green-
ville, Hollis, Mason, Milford, New Ipswich, and Wilton, from their
sources to the New Hampshire-Massachusetts state line. Class B-1.
IV. All other surface waters of the Nashua River watershed hither-
to unclassified, in the city of Nashua and in the towns of Brookline,
Greenville, Hollis, Mason, Milford, New Ipswich, and Wilton, Class B-1.
10:2 Effective Date. This act takes effect on July 1, 1965.
[Approved March 18, 1965.]
[Effective date July 1, 1965.]
CHAPTER II.
AN ACT TO REPEAL AN APPROPRIATION TO THE GRANITE STATE
DAIRYMEN'S ASSOCIATION.
Be it Enacted by the Senate and House of Represeiitatives in General
Court convened:
11:1 Repeal. RSA 441:5 and 6, which relate to the appropriation of
five hundred dollars to the Granite State Dairymen's Association and the
accounting thereof, are repealed.
11:2 Partial Repeal. Amend RSA 426:9 by striking out in line two
the words "The Granite State Dairymen's Association" so that said sec-
tion as amended shall read as follows:
426:9 Auditing. He shall audit the expenditure of the state money
by the New Hampshire Horticultural Society, or any other similar farm
organization receiving state aid, and publish the results of such expendi-
ture.
11:3 Effective Date. This act takes effect July 1, 1965.
[Approved March 18, 1965.]
[Effective date July 1, 1965.]
1965] Chapter 12 9
CHAPTER 12.
AN ACT TO AUTHORIZE THE STATE COUNCIL ON AGING TO DETERMINE THE
PURPOSES FOR WHICH FEDERAL FUNDS RECEIVED BY IT MAY BE SPENT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
12:1 Council Authority Enlarged. Amend RSA 167-A:7 as inserted
by 1961, 277 by adding at the end thereof the following new sentence,
The council may determine the purposes for which federal funds re-
ceived by it are used, and the amount to be spent for each project, so
that said section as amended shall read as follows: 167-A:7 Federal
Funds. The council is empowered to receive and expend such federal
funds as may from time to time be available to it. The council may de-
termine the purposes for which federal funds received by it are used,
and the amount to be spent for each project.
12:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved March 19, 1965.]
[Effective date May 18, 1965.]
CHAPTER 13.
AN ACT RELATING TO THE ASSESSMENT OF PUBLIC UTILITY TAXES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
13:1 Tax Commission, Decision. Amend RSA 82 by inserting after
section 15 the following new section: 82:15-a Proportionality. In mak-
ing its decision under the provisions of this chapter, when it shall ap-
pear to the tax commission that the average rate of taxation upon other
property throughout the state is, because of the under valuation of other
property, higher than it would be if such other property were appraised
at its full and true value, the said commission shall Q;ive due considera-
tion to the same and make such adjustment as will bring the assessment
of the tax hereunder into proportion with the general level of assessments
throughout the state.
13:2 Effective Date. This act takes effect sixty days after passage.
[Approved March 19, 1965.]
[Effective date May 18, 1965.]
10 Chapter 14 [1965
CHAPTER 14.
AN ACT RELATIVE TO STATE AID TO MUNICIPALITIES FOR WATER
POLLUTION CONTROL.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
14:1 State Contributions. Amend RSA 149-B:1, as inserted by 1959,
267 and amended by 1961, 55; and 1963, 215, by striking out in line four
the words "on or before June 30" so that said section as amended shall
read as folloAvs: 149-B:1 State Contributions. The state of New Hamp-
shire shall, in addition to the federal grant made available under the
provisions of Public Law 660, 84th Congress (subsequent amendments
thereof, or any other federal legislation), pay annually thirty percent of
the yearly amortization charges on the original costs resulting from the
acquisition and construction of sewage disposal facilities by municipali-
ties (meaning counties, cities, towns or village districts) for the control
of water pollution. The word construction shall include engineering
services, in addition to the construction of new sewage treatment plants,
pumping stations and intercepting sewers; the altering, improving or
adding to existing treatment plants, pumping stations and intercepting
sewers; provided the construction has been directed by the water pollu-
tion commission, the department of health and welfare, division of public
health services, or constitutes a voluntary undertaking designed to con-
trol or reduce pollution in the surface waters of the state as defined in
RSA 149:1, and the plan therefor is approved in compliance Avith the
provisions of RSA 148:25. The term "original costs" as used herein shall
mean the entire cost of the construction as defined in Public La^v^ 660,
84th Congress (subsequent amendments thereof, or any other relative
federal legislation), excluding land acquisition. In computing said costs
no deduction shall be made for federal grants therefor.
14:2 Effective Date. This act takes effect on July 1, 1965.
[Approved March 19, 1965.]
[Effective date July 1, 1965.]
CHAPTER 15.
AN ACT RELATING TO ADJUSTMENTS IN THE APPORTIONMENT OF PUBLIC
TAXES FOR COUNTY PURPOSES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
15:1 Adjustments. Amend RSA 29 by adding after 29:11 (supp) as
amended by 1961, 106 the following new section: 29: 11 -a Changed Con-
ditions. Whenever it shall appear or be made to appear to the tax com-
1965] Chapter 16 11
mission on or before January first of any even numbered year that
conditions in any town have so changed since the last apportionment of
public taxes that the use of the most recently available apportionment
would impose an undue hardship upon such town greater than it should
in equity and good conscience be required to bear, the tax commission
may make such changes and modifications therein as to it seems fair,
equitable and just, and certify the same to the treasurer of the county in
which the to^vn is situated, and the treasurer shall use such changed
equalized valuation in issuing his warrant to the selectmen of such town
for such town's just proportion of all taxes granted by the county con-
vention.
15:2 Effective Date. This act takes effect sixty days after passage.
[Approved March 19, 1965.]
[Effective date May 18, 1965.]
CHAPTER 16.
AN ACT TO LIMIT RECOVERY OF PAST DUE EXPENSES AT LACONIA STATE
SCHOOL TO A PERIOD OF FIVE YEARS, AND TO SET A STATUTE OF LIM-
ITATIONS ON ACTIONS FOR THEIR RECOVERY OF SIX YEARS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
16:1 Institutional Collections. Amend RSA 8:43 by striking out the
same and inserting in place thereof the following: 8:43 Recovery of Ex-
penses. I. The state is entitled to recover the expense of care, treatment
and maintenance of any patient or inmate at such institutions or at a
public or private institution or otherwise at the direction of the director
of division of public health from the patient or inmate, if of sufficient
ability to pay, or his estate, or from those persons legally chargeable with
his support or their estate.
II. Recovery of the past due expense of care, treatment, and main-
tenance of an inmate at the Laconia State School is limited in amount as
follows:
(a) If the inmate is living and is a resident of the school, recovery
is limited to the expense incurred within the last five years of the in-
mate's residence at the school.
(1) If the inmate is living and is a resident of the school, and if the
person legally chargeable for the support of the inmate dies, recovery
from the estate of the person legally chargeable for the support of the
inmate is limited to the expense incurred within the five years immedi-
ately preceding the death of the person chargeable.
12 Chapter 17 [1965
(b) If the inmate dies while he is a resident of the school, recovery
is limited to the expense incurred within the five years immediately pre-
cedino- his death.
(c) If the inmate is discharged from the school, recovery is limited
to the expense incurred within the five years immediately preceding his
discharge.
(d) If the inmate dies after he is discharged from the school, recovery
is limited to the expense incurred within the five years immediately pre-
ceding his discharge.
(e) Expenses incurred by the school during the time the inmate is
on parole from the school shall not be included in the total charges for
expenses.
III. In an action by the state for the recovery of the expenses of
an inmate of Laconia State School who is discharged from the school,
or is dead, the action shall be brought within six years after his discharge
or after his death. An action by the state against the estate of an inmate
or against the estate of a person legally chargeable with the support of
an inmate may not be brought unless the action is commenced within
the time allowed for an action against an administrator by RSA 556:5.
16:2 Effective Date. This act takes effect sixty days after its passage.
[Approved March 19, 1965.]
[Effective date May 18, 1965.]
CHAPTER 17.
AN ACT APPROPRIATING FUNDS FOR THE NEW NURSERY BUILDING AT
LACONIA STATE SCHOOL.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
17:1 Laconia State School. The superintendent of the Laconia State
School is hereby authorized to employ four attendants II, thirty-two
attendants I, and two food service workers II for the new nursery build-
ing erected at said school.
17:2 Appropriation. In addition to any other funds appropriated
for said Laconia State School there is hereby appropriated for the fiscal
year ending June 30, 1965 the sum of thirty thousand dollars to be ex-
pended for salaries of the new employees whose employment is author-
ized by section 1.
17:3 Takes Effect. This act shall take effect as of April 1, 1965.
[Approved March 25, 1965.]
[Effective date April 1, 1965.]
1965] Chapter 18 13
CHAPTER 18.
AN ACT RELATING TO PARTIAL PAYMENTS ON ACCOUNT OF TAX
REDEMPTION.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
18:1 Tax Payments. Amend RSA 80 by inserting the following new
section after section 33: 80:33-a Partial Payments in Redemption. Any
person interested in land so sold may make partial payments in redemp-
tion in sums of five dollars or multiples thereof to the collector of taxes
who shall receive the same and give a receipt therefor and hold the same
in a special fund until complete redemption is made. If complete re-
demption is not made during the time allowed for redemption, the col-
lector of taxes, or his successor in office to whom previous partial pay-
ments shall have been delivered, shall refund to the person making such
partial payments or his heirs or assigns the sum so paid.
18:2 Effective Date. This act takes effect sixty days after its passage.
[Approved March 25, 1965.]
[Effective date May 24, 1965.]
CHAPTER 19.
AN ACT RELATING TO THE CONTEST ABILITY OF A TAX COLLECTOR'S DEED.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
19:1 Limitation of Action. Amend RSA 80:39 by striking out the
Section and inserting in its place the following: 80:39 Incontestability.
No action, suit or other proceeding shall be brought to contest the valid-
ity of a tax sale or any collector's deed based thereon after ten years
from the date of record of the collector's deed.
19:2 Effective Date. The act takes effect sixty days after passage.
[Approved March 25, 1965.]
[Effective date May 24, 1965.]
CHAPTER 20.
AN ACT RELATIVE TO LISTING OF NEW HAMPSHIRE LIQUOR PRODUCTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
20:1 Listing New Hampshire Products. Amend RSA chapter 176
by inserting after section 10-a, as inserted by 1955, 286, the following
14 Chapter 21 [1965
ncAv section: 176:10-b New Hampshire List. The commission shall
display in all of its stores a separate list of all liquor or other beverages
or products mianufactured or bottled in this state and listed and sold
therein, suitably marked to indicate that the same are New Hampshire
products. Such display shall be in addition to the regular listing of all
the products sold by the commission.
20:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved March 25, 1965.]
[Effective date May 24, 1965.]
CHAPTER 21.
AN ACT RELATING TO DISTRIBUTION AND FILING OF PROPERTY TAX
INVENTORIES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
21:1 Inventories. Amend RSA 74:5 by striking out the section and
inserting in its place the following: 74:5 Distribution. The selectmen
or assessors shall cause inventory blanks to be mailed, postage prepaid,
to the last known address of all persons and corporations known or be-
lieved to own taxable property in their towns and cities on or before the
twenty-fifth day of March in each year.
21:2 Repeal. RSA 74:6 relating to the time of distribution of in-
ventories is repealed.
21:3 Filing. Amend RSA 74:7 by striking out the section and in-
serting in its place the following: 74:7 Return of Inventory. Every
person and every corporation by its president or other person with
authority to do so having knowledge of its property and affairs, shall
fill out the blank inventory in all respects according to its requirements
and sign and make the required declaration thereto, and cause the same
to be mailed, postage prepaid, or delivered to the selectmen or assessors
on or before April fifteenth.
21:4 Delay. Amend RSA 74:8 by striking out the section and in-
serting in its place the following: 74:8 Extension of Time for Filing.
If a blank inventory is not mailed to any person or corporation before
April fifteenth, or if any person is prevented by accident, mistake or
misfortune from returning the same to the selectmen or assessors on or
before that day such person or corporation may make such return be-
fore June first.
21:5 Procedure. Amend RSA 74:10 by striking out the section and
inserting in its place the following: 74:10 Hearings. The selectmen or
1965] Chapter 22 15
assessors shall on or before April first in each year give public notice
of the times when and the place where on or before April fifteenth they
will receive inventories and hear all parties regarding their liability to
be taxed. Such notice shall state the times when such hearings shall be-
gin and close and shall be posted in two or more public places in the
town and shall be published in a newspaper if there is any printed in
the town. A hearing commenced on or before April fifteenth regarding
one's liability to be taxed may be continued after that date if there is
need therefor.
21:6 Effective Date. This act takes effect July 1, 1965.
[Approved March 25, 1965.]
[Effective date July 1, 1965.]
CHAPTER 22.
AN ACT RELATING TO TERMS OF OFFICE OF TAX COLLECTOR.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
22:1 Term of Office. Amend RSA 41:36 by striking out the section
and inserting in its place the following: 41:36 Succession in Office.
Whenever the term of office of a collector of taxes shall end, from what-
ever cause, his powers and authority shall cease and terminate and de-
volve upon his successor whenever he is elected or appointed. The
selectmen shall cause an audit of his accounts to be made promptly and
they shall make and commit to his successor new warrants directing him
to collect the taxes therein committed to him. All books, records and
papers of the outgoing collector shall be delivered to the selectmen by
every person having possession thereof, and the selectmen shall deliver
those needed for his work to the successor collector, and those not needed
by the successor collector to the town clerk for care and preservation.
The successor collector, whether appointed or elected, shall comply with
all the requirements for a collector of taxes, and shall have full power
and authority to perform all the acts and do all the things that his pre-
decessor could have done had he remained in office, or that by la^v are
given and granted to collectors of taxes.
22:2 Effective Date. This act takes effect sixty days after passage.
[Approved March 25, 1965.]
[Effective date May 24, 1965.]
16 Chapter 23 [1965
CHAPTER 23.
AN ACT RELATIVE TO EXCEPTIONS FROM FEES UNDER THE
AERONAUTICS LAW.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
23:1 Aeronautical Fees; Exceptions. Amend RSA 422:38 by insert-
ing after paragraph V (supp) as inserted by 1961, 261:3 the following
ncAV paragraphs: VI. A fee in lieu of personal property tax for the op-
eration of "antique aircraft" which are over twenty-five years old and
which are maintained solely for participation in exhibitions, club activi-
ties, air shows and other aviation functions of public interest and which
are not flown for compensation or hire. VII. A fee in lieu of personal
property tax for the non-commercial operation of a glider.
23:2 Takes Effect. This act shall take effect as of April 1, 1965,
[Approved March 30, 1965.]
[Effective date April 1, 1965.]
CHAPTER 24.
AN ACT RELATIVE TO DISPOSITION OF REVENUE FROM AIRCRAFT
OPERATING FEES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
24:1 Aircraft Operating Fees. Amend Laws 1961, 261:7 by striking
out said section and inserting in place thereof the following: 261:7
Limitations on Revenue. The revenue from the aircraft operating fee
shall be kept by the state treasurer in the aeronautical fund established
by RSA 422:42 subject to the following limitations: One-half the revenue
shall be used for the repayment of bonds or notes authorized hereunder,
and one-half shall be used for the establishment and maintenance of air
navigation facilities on the state airways system. One-half of this latter
amount originating at a publicly or privately owned airport available for
public use shall, upon application, be paid over directly to an aero-
nautical fund established for that airport to be used for aeronautical pur-
poses, provided that if application is not made within ninety days from
the last day of the registration year, the amount involved shall revert to
the establishment and maintenance of air navigation facilities on the
state airways system.
1965] Chapter 25 17
24:2 Takes Effect. This act shall take effect as of July 1, 1965.
[Approved March 30, 1965.]
[Effective date July 1, 1965.]
CHAPTER 25.
AN ACT RELATIVE TO SUPPLIES FOR DISCHARGED PRISONERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
25:1 Increased Allowance. Amend RSA 622:16 by striking out the
words "twenty dollars" and inserting in their place the words, thirty dol-
lars, so that the section is amended to read as follows: 622:16 Supplies
for Discharged Prisoners. The warden may furnish, at the expense of
the state, to each convict discharged from the prison, a suit of clothes,
decent and suitable for the season in which he is discharged, and a sum
of money not more than thirty dollars.
25:2 Effective Date. This act takes effect sixty days from passage.
[Approved March 30, 1965.]
[Effective date May 29, 1965.]
CHAPTER 26.
AN ACT RELATIVE TO FINANCING SEWERAGE SYSTEMS, SEWAGE TREATMENT
WORKS, AND WASTE TREATMENT FACILITIES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
26:1 Net Indebtedness. Amend RSA 33:5-c, as inserted by 1957i
213:1, by striking out the words "Upon receipt of sucli laws for review,
the commission shall fix a time and place where all interested parties
may be heard and cause notice thereof to be given by posting in two of
more public places in said city, town, village district or other political
subdivision and causing said notice to be published once in a newspaper
of general circulation within the area at least seven days prior to said
hearing. Following a review of the pertinent evidence and data presented
at such hearing and" so that the section is amended to read as follows:
33:5-c Approval. Any such municipality which has voted to incur debt
under the provisions of RSA 33:5-b shall submit a certified copy of the
record of such action together with detailed plans of the proposed con-
struction to the water pollution commission for review and approval,
as hereinafter provided. After a review of the plans and such other inde-
pendent investigation as is deemed necessary, if the water pollution com-
mission determines that the proposed project is in the public interest,
18 Chapter 27 [1965
due consideration being given to the cost of said project in relation to
the benefits ^vhich will accrue to public health or water pollution control,
it shall furnish a report of its findings and recommendations including
a recommendation concerning a state guarantee as provided for under
RSA 149:5 to the governor and council for their approval.
26:2 Effective Date. This act takes effect on July 1, 1965.
[Approved March 30, 1965.]
[Effective date July 1, 1965.]
CHAPTER 27.
AN ACT RELATING TO DUTIES OF TAX COLLECTOR.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
27:1 Tax Collectors. Amend RSA 41:35 by striking out the section
and inserting in its place the following: 41:35 Duties of Collector.
Every collector of taxes shall keep in suitable books a fair and correct
account in detail of the taxes due, collected, and abated, and of all prop-
erty sold for non-payment of taxes; and these accounts shall be public
records. He shall on or before the tenth day of the following month pay
over to the town treasurer all money collected by him in the preceding
month and make a final payment to the town treasurer of all moneys
collected by him on or before December thirty-first as soon as possible
after the close of the fiscal year. He shall submit his tax books and lists
to the treasurer and selectmen for inspection and computation Avhen re-
quested so to do and if they discover any errors therein they shall im-
mediately notify the town auditors thereof; and the auditors shall
promptly examine the collector's records and make a written report to
the selectmen and state tax commission of their findings, conclusions and
recommendations. The collector shall be at the town hall or other place
where the selectmen customarily meet at least one day each month for
at least four hours for the transaction of tax business. He shall make a
written report to the town at the end of each fiscal year which shall con-
tain the following information: the amount of taxes committed to him
to collect; the amount of taxes collected, together with interest thereon;
the amount of discounts allowed; the amount of taxes abated; a detailed
list of uncollected taxes and the names of those to whom they were as-
sessed; and an account of all sales of real estate by him to collect taxes.
27:2 Effective Date. This act takes effect sixty days after passage.
[Approved March 30, 1965.]
[Effective date May 29, 1965.]
1965] Chapter 28 19
CHAPTER 28.
AN ACT RELATING TO POSTING OF BUDGETS UNDER THE MUNICIPAL
BUDGET LAW.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
28:1 Budgets. Amend RSA 32:5 (supp) as amended by 1959, 78:1
by striking out the section and inserting in its place the following: 32:5
Preparation of Budget. The budget committee shall prepare budgets
according to forms prescribed by the tax commission for town expendi-
tures, school district expenditures and village district expenditures. It
shall hold at least one public hearing on each budget, public notice, and
time of which shall be given at least seven days in advance. The budget
committee shall confer with selectmen, school boards, village district
commissioners and other officers and departments relative to estimated
costs, revenues anticipated, and services performed; and it shall be the
duty of all such officers and other persons to furnish such pertinent in-
formation to the budget committee. Selectmen, school boards, village
district commissioners and department heads shall prepare a statement
of estimated expenses and receipts for the ensuing year and submit the
same to the budget committee at such time as the buds^et committee shall
fix. The budget committee shall prepare and submit to the selectmen
for them to post with the town warrant two copies of the budget pre-
pared for the town at least fifteen days before the annual town meeting.
It shall likewise prepare and submit to the school board, or village dis-
trict commissioners two copies of a school district or village district bud-
get to be acted upon at the school district or village district annual meet-
ings at least fifteen days before said annual meeting for posting by the
school board or the village district commissioners with the warrants for
their respective meetings.
28:2 Effective Date. This act takes effect sixty days after passage.
[Approved March 30, 1965.]
[Effective date May 29, 1965.]
CHAPTER 29.
AN ACT RELATING TO APPLICATIONS FOR TAX ABATEMENTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
29:1 Tax Abatements. Amend RSA 76:16-a (supp) as inserted by
1955, 162:1 by striking out the section and inserting in place thereof the
following: 76:16-a By Tax Commission. If the selectmen neglect or re-
fuse so to abate, any person aggiieved, having complied with the require-
20 Chapter 30 [1965
ments of chapter 74, upon payment of an application fee of five dollars,
may, within six months after notice of such tax, and not afterwards, apply
in ^vriting to the state tax commission, which after due inquiry and in-
vestigation shall make such order thereon as justice requires.
29:2 Effective Date. This act takes effect July 1, 1965.
[Approved April 1, 1965.]
[Effective date July 1, 1965.]
CHAPTER 30.
AN ACT RELATING TO OFFENSES INVOLVING MINORS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
30:1 Places of Resort and Employment. Amend RSA 571:5 by strik-
ing out the words "or in any licensed billiard or pool room," so that the
section is amended to read as follows: 571:5 Rooms Where Liquor Is
Sold. No minor under the age of eighteen years shall be admitted at any
time to, or permitted to remain in, a place where spirituous or intoxi-
cating liquors are sold under the provisions of section 4 of chapter 178,
RSA, unless accompanied by parent or guardian. If a proprietor, keeper,
or manager of any such place shall violate any provisions of this section
he shall be fined not more than twenty dollars.
30:2 Effective Date. This act takes effect sixty days after its passage.
[Approved April 1, 1965.]
[Effective date May 31, 1965.]
CHAPTER 31.
AN ACT RELATING TO LIFE INSURANCE LIMITS IN LOANS FOR
EDUCATIONAL PURPOSES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
31:1 Educational Loans. Amend subparagraph (d) of paragraph
(2) of RSA 408:15 (supp), as amended by 1959, 190:1, by adding after
the word "less" at the end of the subparagraph the words, except that in
the case of loans made to the borrower to defray educational expenses
the amount of such insurance shall not exceed the amount owed by him
which is repayable in installments to his creditor, or twenty thousand
1965] Chapter 32 21
dollars, whichever is less, so that the subparagraph is amended to read
as follows:
(d) The amount of insurance on the life of any debtor shall at no
time exceed the amount owed by him which is repayable in installments
to his creditor, or ten thousand dollars, whichever is less, except that
in the case of loans made to the borrower to defray educational expenses,
the amount of such insurance shall not exceed the amount owed by him
which is repayable in installments to his creditor, or twenty thousand
dollars, whichever is less.
31:2 Effective Date. This act takes effect sixty days after its passage.
[Approved April 1, 1965.]
[Effective date May 31, 1965.]
CHAPTER 32.
AN ACT RELATIVE TO RESIGNATION OF MEMBERS OF THE GENERAL COURT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
32:1 Members of the General Court. Amend RSA 14-A, as inserted
by 1965, 7:1, by inserting at the end the following new section: 14-A:2
Resignations. I. A member of the general court may resign his office by
delivering a written resignation to the presiding officer of the branch in
which the member serves. When the general court is in session the resig-
nation becomes effective by delivering the letter of resignation to the
presiding officer concerned at the state house in Concord, by mail or
otherwise. If the general court is in recess, the resignation becomes effec-
tive on the delivery of the letter of resignation to the presiding officer
concerned at his place of residence, by mail or otherwise. The presiding
officer who receives a letter of resignation shall send it to the secretary of
state for filing.
II. If the ofeneral court is not in session, and if the office of the
presiding officer is vacant, a resignation from the general court may be
made and becomes effective by delivering a letter of resignation to the
secretary of the state at his office in the state house, by mail or otherwise.
The secretary of state shall file the letter of resignation in his office, and
he shall notify the clerk of the branch in which the resignation occurs
of the existence of the vacancy. The secretary of state shall also notify
the town or city clerk of the town or ward in which the vacancy occurs.
32:2 Effective Date. This act takes effect sixty days after its passage.
[Approved April 1, 1965.]
[Effective date May 31, 1965.]
22 Chapter 33 [1965
CHAPTER 33.
AN ACT RELATING TO THE FILING OF PROPERTY TAX INVENTORIES.
Be if. Enacted by the Senate and House of Representatives in General
Court convened:
33; 1 Inventory. Amend RSA 73:5 (supp) as amended by 1963, 85:1
by adding at the end thereof the following sentence, the selectmen or
assessors may so require and it shall be an obligation of the person, firm
or corporation to file with the selectmen or assessors a true and correct
inventory of the property subject to taxation under this section in such
form as the tax commission may prescribe, so that the section is amended
to read: 73:5 Later Taxation. Whenever a person, firm or corporation,
after April first and before the following January first brings into any
town, city or unincorporated place, an inventory of goods commonly
known as stock in trade, whether it be a merchant or a manufacturer,
or any road building, or repairing machinery, construction machinery,
well drilling machinery, derricks or stone crushers, upon which a tax
has not been assessed elsewhere in the state for that year, and uses such
property in conducting a business or leases or rents such equipment or
uses it in performing any work for hire, he or it shall be taxed upon such
property in such place as in the cases of persons or property who have
escaped taxation. The selectmen or assessors may so require and it shall
be an obligation of the person, firm or corporation to file with the select-
men or assessors a true and correct inventory of the property subject to
taxation under this section in such form as the tax commission may pre-
scribe.
33:2 Effective Date. This act takes effect sixty days after passage.
[Approved April 1, 1965.]
[Effective date May 31, 1965.]
CHAPTER 34.
AN ACT RELATING TO REPORTING THE NAMES OF MUNICIPAL OFFICERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
34:1 Towns. Amend RSA 41:19 by striking out the section and in-
serting in its place the following: 41:19 Report to Tax Commission.
Every tow^n clerk, after the annual town meeting, shall forthwith report
the names and post office addresses of all town officers to the state tax
commission. If any town officer has not been chosen or appointed at that
time the town clerk shall promptly make a like report when such officer
is chosen or appointed so that the tax commission shall at all times be in-
formed of the names and mailing addresses of all town officers.
1965] Chapter 35 23
34:2 Village Districts. Amend RSA 52 by inserting after section 52:8
the foUoAving new section: 52:8-a Report to Tax Commission. The clerk
of a village district after the annual meeting shall forthwith report the
names and post office addresses of all village district officers to the state
tax commission. If any village district officer has not been chosen or ap-
pointed at that time the clerk shall promptly make a like report when
such officer is chosen or appointed so that the tax commission shall at all
times be informed of the names and mailing addresses of all village dis-
trict officers.
34:3 School Districts. Amend RSA 197:21 by striking out said sec-
tion and inserting in its place the following: 197:21 Reports by Clerk.
The clerk of every school district, after the annual meeting, shall forth-
with report the names and post office addresses of all school district officers
to the state tax commission and to the commissioner of education. If any
school district officer has not been chosen or appointed at that time the
school district clerk shall promptly make like reports when such officer
is chosen or appointed so that the tax commission and the commissioner
of education shall at all times be informed of the names and mailing ad-
dresses of all school district officers.
34:4 Effective Date. This act takes effect sixty days after passage.
[Approved April 1, 1965.]
[Effective date May 31, 1965.]
CHAPTER 35.
AN ACT RELATIVE TO ACCREDITING OUT-OF-STATE INSTITUTIONS OF
HIGHER LEARNING.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
35:1 Out-of-State Institutions of Higher Learning. Amend RSA 186
by inserting after section 13-a, as inserted by 1963, 303:16 the following
new sections: I86:13-b Branches or Extension Courses in this State. Any
out-of-state institution of higher learning planning to establish a branch,
branches, or extension courses, in this state, shall apply to the coordinat-
ing board of advanced education and accreditation for an evaluation of
its plans. Plans for each such branch, branches, or extension courses shall
thereupon be evaluated, and, if approved, the branch, branches, or ex-
tension courses shall be accredited for such period and under such regu-
lations as said board may determine. If a branch, or branches, or program
of extension courses are disapproved at any time by said board all opera-
tions and publicity of it shall cease without delay. 186:13-c Penalty. Any
such out-of-state institution establishing a branch, branches, or extension
courses in this state Avithout such branch, branches or extension courses
24 Chapter 36 [1965
being accredited by said board as provided in section 13-b, shall be listed
by the state board of education as non-approved branch, branches, or
extension courses and this action shall be published through the press
and through correspondence with colleges and secondary schools in this
region.
35:2 Takes Effect. This act shall take effect on passage.
[Approved April 1, 1965.]
[Effective date April 1, 1965.]
CHAPTER 36.
AN ACT RELATING TO THE CLOSING DATE FOR ARTICLES TO BE SUBMITTED
FOR THE SCHOOL DISTRICT WARRANT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
36:1 School Meeting. Amend RSA 197:6 by striking out the entire
section and inserting in its place the following: 197:6 Warrant. Upon
the written application of ten or more voters or one-sixth of the voters
of the school district, presented to the school board or one of them not
later than thirty days before the date prescribed for the school district
meeting, the school board shall insert in the school district warrant for
such meeting any subject-matter specified in such application. No article
may be inserted after posting of said warrant.
36:2 Effective Date. This act takes effect sixty days after its passage.
[Approved April 1 ,1965.]
[Effective date May 31, 1965.]
CHAPTER 37.
AN ACT AUTHORIZING STATE BANKING INSTITUTIONS TO ACT AS FISCAL
AGENTS OF THE UNITED STATES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
37:1 Banking Institutions. Amend RSA 384 by inserting after sec-
tion 37 (supp) as inserted by 1963, 145:1 the following new subdivision:
Fiscal Agent of United States
384:38 Authority to Act. State banks, savings banks or institutions
for savings, trust companies, banking companies, and all similar corpora-
tions, cooperative banks, building and loan associations, and credit unions
are authorized to act as fiscal agent of the United States. When designated
1965] Chapter 38 25
as fiscal agent by the secretary of the treasury, they shall perform, under
such regulations as he may prescribe, all reasonable duties as fiscal agent
of the United States as he may require, and they are authorized to act as
agent for any instrumentality of the United States, as an agent of this
state, or any instrumentality of this state.
37:2 Repeal. RSA 393:57, as added by 1961, 136:9, is repealed.
37:3 Effective Date. This act takes effect sixty days after its passage.
[Approved April 1, 1965.]
[Effective date May 31, 1965.]
CHAPTER 38.
AN ACT RELATIVE TO ISSUANCES OF SUMMONS IN CRIMINAL MATTERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
38:1 Written Summonses Required. Amend RSA 594:14 by strik-
ing out the same and inserting in place thereof the following: 594:14
Summons Instead of Arrest. In any case in which it is lawful for a peace
officer to arrest without a warrant a person for a misdemeanor, he may
instead issue to him in hand a written summons in substantially the fol-
lowing form:
THE STATE OF NEW HAMPSHIRE
To
You are hereby notified to appear before the district (munici-
pal) court of the State of New Hampshire, to be holden on the day
of 19.... at o'clock in the forenoon (afternoon) to answer
to a complaint (to be filed in said court) charging you with in
violation of the laws of the State of New Hampshire.
Hereof fail not, as you will answer your default under the penalty of the
law in that behalf made and provided.
Dated at
Name
the day of 19
Title
Upon failure to appear, a warrant of arrest may issue. Wilful failure
to appear in answer to such summons may be punished by a fine of not
over one hundred dollars or imprisonment for not over thirty days.
38:2 Takes Effect. This act shall take effect sixty days after its, pas-
sage.
[Approved April 1, 1965.]
[Effective date May 31, 1965.]
26 Chapter 39 [1965
CHAPTER 39.
AN ACT RELATIVE TO POLITICAL EXPENDITURES BY SPECIAL COMMITTEES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
39:1 Committee Required to File Statement. Amend RSA 70:4, as
amended by 1955, 273:1 and 1957, 303:2-4, by adding a new paragraph
after paragraph Vll to read: VIII. By a political committee, except the
state, county, city, ward or town committee of a political party, unless the
political committee files with the secretary of state a statement of the pur-
pose for which the political committee is organized, and a statement of
the name and address of its chairman, treasurer, and other officers. The
statements shall be filed not later than forty-five days prior to a primary
election. A member of the committee shall not do any act as a committee-
man to promote the success or defeat of a political party, a measure on
the ballot, or a candidate, until the statements required by this paragraph
are filed. A committee to promote the nomination of a candidate at a
primary election may not be organized within forty-five days of a primary
election.
39:2 Effective Date. This act takes effect sixty days after passage.
[Approved April 8, 1965.]
[Effective date June 7, 1965.]
CHAPTER 40.
AN ACT RELATIVE TO APPOINTMENT AND SALARIES OF COURT
STENOGRAPHERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
40:1 Appointment of Court Stenographers. Amend RSA 519:26
(supp) as amended by 1955, 271:1; 1957, 129:1; 140:1; 1961, 221:14; 1963,
260:3 by striking out the same and inserting in place thereof the follow-
ing: 519:26 Appointment. The superior court, acting as a body, shall
appoint such official court stenographers as they deem necessary, who
shall report the proceedings of the superior court of any county to which
they may from time to time be assigned by said court, and it shall set the
salaries of each which they shall receive from the state. Each shall be
sworn to the faithful discharge of his duties. They shall take full notes
of all oral testimony and other proceedings in the trial of causes either
at law or in equity including the charge of the justice in all trials before
a jury and all comments and rulings of said justice in the presence of
the jury during the progress of the trial as well as all statements and argu-
ments of counsel addressed to the court, and during the trial shall fur-
1965] Chapter 41 27
nish for the use of the court or either of the parties a transcript of so
much of their notes as the presiding justice may direct, and shall perform
such other duties as the presiding justice shall direct. They shall also fur-
nish a transcript of so much of the evidence and other proceedings taken
by them as either party to the trial may require on payment therefor by
such party at the rate fixed by the court as provided in section 30.
40:2 Part-time Stenographers. Amend RSA 519:31 (supp) as amend-
ed by 1955, 271:2; 1957, 140:2 by striking out the same and insert-
ing in place thereof the following, 519:31 Stenographic Hire. The su-
perior court may employ such additional part time stenographic assistance
as it may require and shall set the per diem salary they shall be paid. They
shall be paid such salary and shall be reimbursed for their actual expenses
away from home by the county in which they are employed.
40:3 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved April 8, 1965.]
[Effective date June 7, 1965.]
CHAPTER 41.
AN ACT DISCONTINUING THE PORTSMOUTH TERM OF THE SUPERIOR COURT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
41:1 Portsmouth Term. Amend RSA 496:1 by striking out in the
third line after the words "county of Rockingham: At", the words "Ports-
mouth and" so that the section as amended reads as follows: 496:1 Time;
Place. Terms of the superior court shall be holden annually, at the fol-
lowing places in the following counties:
For the county of Rockingham: At Exeter.
For the county of Strafford: At Dover.
For the county of Belknap: At Laconia.
For the county of Carroll: At Ossipee.
For the county of Merrimack: At Concord.
For the county of Hillsborough: At Manchester and Nashua.
For the county of Cheshire: At Keene.
For the county of Sullivan: At Newport.
For the county of Grafton: At Lebanon, Woodsville in the Town of
Haverhill and Plymouth.
For the county of Coos: At Lancaster and Berlin. Adjournment from
Lancaster or Berlin may be made to Colebrook whenever the presiding
justice deems it advisable. The times for holding the terms of court at
the places designated in each county shall be established by rule of the
28 Chapter 42 [1965
superior court, ^vhich shall provide for the holding of not less than two
terms annually in each county.
41:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved April 8, 1965.]
[Effective date June 7, 1965.]
CHAPTER 42.
AN ACT TO AUTHORIZE LIENS ON REAL PROPERTY OWNED BY PERSONS WHO
RECEIVE SUPPORT FROM TOWNS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
42:1 ToAvn Liens. Amend RSA 165 by inserting at the end of said
chapter the following new sections: 165:28 Liens on Real Property. The
amount of money spent by a town to support a poor person under this
chapter shall, except for just cause, be made a lien on any real estate
owned by the poor person. The liens are effective during the lifetime of
the person being supported by the town, or until enforced as provided
in this chapter, or until released by the selectmen. The selectmen of the
town, in their discretion, may file a notice of the lien or an acknowledg-
ment of satisfaction of the lien with the register of deeds of the county in
which the person being supported owns real property. A notice of lien
which contains the owner's name and a description of the real property
sufficient to identify it is a valid lien on the property. The register of
deeds shall keep a suitable record of such notices without charging any
fee therefor, and he shall enter an acknowledgment of satisfaction of the
lien upon written request of the selectmen, without fee. 165:29 Enforce-
ment of Lien. Liens arising under section 28 of this chapter may be
enforced by a bill in equity. 165:30 Relative Priority. Such lien shall be
subordinate to mortgage and other valid liens, recorded with the register
of deeds prior to the recording of the notice of lien referred to in section
28.
42:2 Effective Date. This act takes effect sixty days after its passage.
[Approved April 8, 1965.]
[Effective date June 7, 1965.]
1965] Chapter 43 29
CHAPTER 43.
AN ACT TO AUTHORIZE LIENS ON REAL PROPERTY OWNED BY COUNTY
PAUPERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
43:1 County Liens. Amend RSA 166 by adding at the end of said
chapter the following new sections: 166:20 Liens on Real Property.
The amount of money spent by a county to support a county pauper
under this chapter shall, except for just cause, be made a lien on any real
estate owned by the county pauper. The liens are effective during the
lifetime of the county pauper, or until enforced as provided in this chap-
ter, or until released by the county commissioners. The county commis-
sioners, in their discretion, may file a notice of the lien or an acknowl-
edgement of satisfaction of the lien with the register of deeds of the
county in which the county pauper owns real property. A notice of lien
which contains the owner's name and a description of the real property
sufficient to identify it is a valid lien on the property. The register of
deeds shall keep a suitable record of such notices without charging any
fee therefor, and he shall enter an acknowledgment of satisfaction of the
lien upon written request of the county commissioners, without fee.
166:21 Enforcement of Liens. Liens arising under section 20 of this
chapter may be enforced by a bill in equity. 166:22 Relative Priority.
Such lien shall be subordinate to mortgage and other valid liens, re-
corded with the register of deeds prior to the recording of the notice of
lien referred to in section 20.
43:2 Effective Date. This act takes effect sixty days after its passage.
[Approved April 8, 1965.]
[Effective date June 7, 1965.]
CHAPTER 44.
AN ACT RELATIVE TO ORGANIZATION OF CERTAIN EDUCATIONAL
CORPORATIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
44:1 Corporations of Higher Education. Amend RSA 292 by in-
serting after section 8-a, as inserted by 1957, 32:2, the following new sub-
division:
Higher Education Corporations
292: 8-b Terms Defined. The following words as used in this sub-
division shall be construed as follows:
30 Chapter 44 [1965
I. "Board", means the coordinating board of advanced education
and accreditation, established by RSA 186:13-a.
II. "Hisfher learnino", means studies which are more advanced or
difficult than those prevalently offered in a secondary school and which
are creditable toward an academic or professional degree.
III. "Degree", means the formal recognition of a stage of progress
in the pursuit of higher learning, including the associate, bachelor's,
master's, doctorate, professional, or other award, diploma or the equiva-
lent under any other designation.
292:8-0 Organization. The articles of agreement for the purpose
of organizing a corporation for the establishment of an institution for
post-secondary education or higher learning shall be submitted to the
attorney-general or an assistant attorney-general, who shall examine the
same and may require such amendment thereof or such additional in-
formation as he may consider necessary. If he finds that such articles con-
form to the provisions of this chapter relative to the organization of the
corporation he shall so certify and endorse his approval thereon. He shall
then forAvard the same to the coordinating board of advanced education
and accreditation for its consent for said incorporation.
292:8-d Approval. No articles of agreement for the incorporation
of institutions for post-secondary or higher education shall be recorded
in the office of the secretary of state unless or until the same have been
approved by the attorney-general or an assistant attorney-general and
consent for said incorporation has been obtained from the board.
292:8-6 General Statement. The board shall approve as a corpora-
tion of higher learning only such institutions as have been evaluated
according to procedures and standards established by the board.
292:8-£ Submission of Plans. Any person desiring to establish an
institution of higher learning shall submit to the board, at the time ap-
proval is requested for its articles of incorporation, its plans which shall
be evaluated by the board prior to granting its certificate. Such applica-
tion shall be made at least four months prior to the legislative session.
Such evaluation shall include among other things the adequacy of the
buildings or proposed buildings, instructional facilities and provisions
for safety and well-being of its students, the qualifications of the faculty;
the character of the program of studies and the adequacy of financial
resources.
292:8-g Limitation on Name. Notwithstanding the provisions of
RSA 292:3 no person, school, association or corporation shall use in any
way the term "junior college", or "college" or "university" in connection
with an institution, or use any other name, title or descriptive matter
tending to designate that it is an institution of higher learning unless
1965] Chapter 44 31
it has been incorporated under the provisions of this chapter. The provi-
sions of this section shall not apply to a person, school, association or
corporation which has been authorized to use said terms by law prior to
January 1, 1965.
292:8-h Granting of Degrees. No educational institution within
this state shall grant degrees unless authorized by an act of the legislature
to do so. Provided that this limitation shall not apply to any institution
now granting degrees which has been in continuous operation since 1775,
or to publicly supported institutions placed by the legislature under the
authority of the state board of education.
292:8-1 Penalty. Any person who shall violate the provisions of sec-
tion 8-g or 8-h shall be fined not exceeding five hundred dollars.
292:8-j Injunctive Relief. In addition to the penalty provided by
section 8-i the board may institute in any court of competent jurisdiction,
an action to prevent or restrain any violation of the provisions of section
8-g or 8-h and the court shall adjudge to the plaintiff such relief by way
of injunction (which may be mandatory) or otherwise as may be proper
under all the facts and circumstances of the case, in order to fully effectu-
ate the purpose of this subdivision.
292:8-k Exemption. The provisions of this subdivision shall not
apply to a corporation organized pursuant to the authority of RSA 292-A.
44:2 Community College Courses. Amend RSA 292-A (supp) as
inserted by 1961, 155:1 by inserting at the end thereof the following new
section: 292-A:7 Equivalency Courses. The coordinating board of ad-
vanced education and accreditation established by RSA 186:13-a may,
upon application by any community college and upon finding that any
course established by such college is taught by a qualified instructor and
that the subject matter is of such a character as to meet its requirements,
approve such course and designate it as the equivalent of a like course
given by an approved higher education corporation.
44:3 Takes Effect. This act shall take effect on passage.
[Approved April 8, 1965.]
[Effective date April 8, 1965.]
32 Chapter 45 [1965
CHAPTER 45.
AN ACT PROVIDING FOR THE CLASSIFICATION OF THE SURFACE WATERS
OF THE LITTLE RIVER AND POWWOW RIVER WATERSHEDS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
45:1 Classifications. On and after the effective date of this act the
following surface waters shall be classified in accordance with provisions
of RSA 149:
I. Little River and all its tributaries, in the towns of Hampstead,
Atkinson, Plaistow, Kingston and Newton, from their sources to the
New Hampshire-Massachusetts state line. Class B-1.
II. Powwow River and all its tributaries, in the towns of Sandown,
Danville, Hampstead, Kingston, Newton, East Kingston, South Hampton,
Kensington, and Seabrook, from their sources to the New Hampshire-
Massachusetts state line. Class B-1.
III. All lakes and ponds in the Little and Powwow river watersheds
less than ten acres in size in their natural state. Class B-1.
IV. All other surface waters of the Little and Powwoav river water-
sheds hitherto unclassified, including streams in the towns of Newton,
Plaistow, and Seabrook flowing across the state line into Massachusetts,
which have not been included in I, II, and III above. Class B-1.
45:2 Effective Date. This act takes effect on July 1, 1965.
[Approved April 8, 1965.]
[Effective date July 1, 1965.]
CHAPTER 46.
AN ACT PROHIBITING A DAUGHTER FROM MARRYING HER FATHER.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
46:1 Degrees Prohibited, Women. Amend RSA 457:2 by inserting
the words, her father, after the words "No woman shall marry" so that
the section is amended to read as follows: 457:2 Degrees Prohibited,
Women. No woman shall marry her father, her father's brother, mother's
brother, mother's husband, husband's father, son, husband's son, daus^h-
ter's husband, brother, son's son, daughter's son, son's daughter's hus-
band, daughter's daughter's husband, brother's son, sister's son, father's
brother's son, mother's brother's son, father's sister's son or mother's sis-
ter's son.
1965] Chapter 47 33
46:2 Effective Date. This act takes effect sixty days after its passage.
[Approved April 8, 1965.]
[Effective date June 7, 1965.]
CHAPTER 47.
AN ACT PROVIDING FOR THE CLASSIFICATION OF THE SURFACE WATERS OF
THE ANDROSCOGGIN RIVER WATERSHED.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
47:1 Classifications. On and after the effective date of this act the
following surface waters shall be classified in accordance with provisions
of RSA 149, as amended:
I. Ice Gulch and Perkins brooks, tributaries to Moose Brook, in
the towns of Gorham and Randolph, from their sources to the crests of
their respective water supply dams serving the town of Gorham, Class A.
II. North Branch Home Brook and all its tributaries, in the unin-
corporated place of Success, from their sources to the crest of the Keene
reservoir water supply dam serving the city of Berlin, Class A.
III. South Branch Home Brook and all its tributaries, in the unin-
corporated place of Success, from their sources to the crest of the water
supply intake dam serving the city of Berlin, Class A.
IV. Bean Brook and all its tributaries, in the unincorporated place
of Success and the city of Berlin, from their sources to the crest of the
Bean reservoir water supply dam serving the city of Berlin, Class A.
V. Steward and Anderson reservoirs and all their tributaries, in the
unincorporated place of Success and the City of Berlin, from their sources
to the crest of the Stewart reservoir water supply dam serving the city of
Berlin, Class A.
VI. All lakes and ponds within the Androscoggin River watershed
less than ten acres in size in their natural state and hitherto unclassified,
Class B-1.
VII. All other surface waters within the Androscoggin River water-
shed hitherto unclassified, except the main river, in the following munici-
palities and unincorporated places: Atkinson and Gilmanton Academy
Grant, Berlin, Cambridge, Dummer, Errol, Gorham, Milan, Millsfield,
Pittsburg, Randolph, Second College Grant (Dartmouth College Grant),
Shelburne, Success, and Wentworth's Location, Class B-1.
47:2 Takes Effect. This act shall take effect as of July 1, 1965.
[Approved April 8, 1965.]
[Effective date July 1, 1965.]
34 Chapter 48 [1965
CHAPTER 48.
AN ACT REQUIRING A PHENYLKETONURIA TEST OF NEW BORN CHILDREN.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
48:1 Protection of Infancy. Amend RSA 132 by inserting after sec-
tion 10 the following new sections: 132:10-a Phenylketonuria Test Re-
quired. The physician and/or hospital attending a newborn child shall
cause said child to be subject to a phenylketonuria test. 132:10-b Rules
and Regulations. The director of the division of public health services
shall make such rules and regulations pertaining to such tests as accepted
medical practice shall indicate. 132.T0-C Exception. The provisions of
sections 10-a and 10-b shall not apply if the parents of such child object
thereto.
48:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved April 14, 1965.]
[Effective date June 13, 1965.]
CHAPTER 49.
AN ACT RELATIVE TO INCREASE IN FISH AND GAME LICENSES.
Be_ il_ Enacted by the Senate and House of Representatives in General
Court convened:
49:1 Resident Hunting License. Amend paragraph I of RSA 214:9,
as amended by 1961, 32:2 by striking out the word "twenty-five" and in-
serting in place thereof the word, seventy-five, so that said paragraph as
amended shall read as follows: 1. If the applicant is a resident of this
state and wishes to hunt, three dollars and seventy-five cents, and the
agent shall thereupon issue a resident hunting license which shall entitle
the licensee to hunt, shoot, kill or take, except by the use of traps, and to
transport game birds and game animals under the restrictions of this
title.
49:2 Resident Fishing License. Amend paragraph II of RSA 214:9
as amended by 1961, 32:2 by striking out the word "three" and inserting
in place thereof the word, four, so that said paragraph as amended shall
read as follo^vs: II. If the applicant is a resident of this state and ^vishes
to fish, four dollars and twenty-five cents, and the agent shall thereupon
issue a resident fishing license, which shall entitle the licensee to kill,
take and transport fish and salt water smelt under the restrictions of this
title.
19651 Chapter 50 35
49:3 Resident Combination License. Amend paragraph III of RSA
214:9, as amended by 1961, 32:2, by striking out the word "four" and
inserting in place thereof the word, six, so that said paragraph as amended
shall read as follows: III. If the applicant is a resident of this state and
wishes to hunt and fish, six dollars and seventy-five cents, and the agent
shall thereupon issue a resident hunting and fishing license, which shall
entitle the licensee to hunt, shoot, kill or take, except by use of traps,
and to transport game birds, game animals, fish, and salt water smelt,
under the restrictions of this title.
49:4 Non-resident Fishing Licenses. Amend paragraph VIII of
RSA 214:9 as amended by 1955, 324:1 and 1961, 32:2 by striking out said
paragraph and inserting in place thereof the following: VIII. If the
applicant is a non-resident and wishes to take fresh water fish or salt water
smelt only, eight dollars and fifty cents, and the agent shall thereupon
issue a non-resident fishing license which shall entitle the licensee to kill,
take and transport fresh water fish and salt water smelt under the restric-
tions of this title, provided that if said applicant wishes to take said fish
or smelt for fifteen consecutive days, five dollars and fifty cents, and the
agent shall thereupon issue a fifteen-day non-resident fishing license for
said time only under the restrictions of this title, and further provided
that if the applicant wishes to take said fish or smelt for seven consecutive
days, four dollars and seventy-five cents, and the agent shall thereupon
issue a seven-day non-resident fishing license for said time only under the
restrictions of this title.
49:5 Takes Effect. This act shall take effect as of January 1, 1966.
[Approved April 14, 1965.]
[Effective date January 1, 1966.]
CHAPTER 50.
AN ACT RELATIVE TO THE SALE OF LIQUOR BY CERTAIN GOLF CLUBS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
50:1 Sale of Liquor. Amend RSA 176:11, as amended by 1963, 50:1
and 158:3 by inserting in line six after the numeral "3" the numerals,
3-a, 3-c; further amend said section by inserting in line six after the
numeral "7" the numeral, 8; further amend said section by inserting in
line eight after the numeral "3" the numeral, 3-a, so that said section as
amended shall read as follows: 176:11 Rules and Regulations; Restric-
tions on Sales. Said commission shall have power to make all necessary
and proper rules and regulations for carrying out the provisions hereof,
and such rules and regulations shall have the effect of law. No sale of
liquor or beverages shall be made on Sundays or election days while the
36 Chapter 51 [1965
polls are open except by persons holding licenses or permits under the
provisions of RSA 178:3, 3-a, 3-c, 4, 6, 7, 8, 9, RSA 181:5, provided that
persons holding licenses under the provisions of RSA 178:3, 3-a when
making sales of beverages on Sundays or election days while the polls are
open shall sell only to bona fide guests with meals in the dining room or
in the rooms of guests and except that a wholesale permittee may sell and
deliver beverages at any time on election days for resale only. Liquor or
beverages shall not be sold in any establishment where booths that are
not open at the end or that are more than forty-two inches high are used
for serving patrons. Costumers may be erected and attached to the ends
of boodis. Such costumers shall be of such design and constructed in such
manner as approved by the commission.
50:2 Takes Effect. This act shall take effect on passage.
[Approved April 14, 1965.]
[Effective date April 14, 1965.]
CHAPTER 51.
AN ACT RELATING TO CAPITAL REQUIRED TO ORGANIZE INSURANCE
COMPANIES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
51:1 Capital Required. Amend RSA 401:4 by striking out the same
and inserting in place thereof the following: 401:4 Paid-up Capital.
All stock companies organized under the provisions of this chapter shall
have a paid-up capital of at least four hundred thousand dollars, except-
ing title guarantee insurance companies which shall have a paid-up cap-
ital of at least tA\'o hundred thousand dollars.
51:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved April 14, 1965.]
[Effective date June 13, 1965.]
CHAPTER 52.
AN ACT RELATING TO REPORTS OF EXAMINATIONS MADE BY THE
BANKING DEPARTMENT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
52:1 Examinations of Banking Institutions. Amend RSA 383 by
inserting after 383:10-a (supp) as inserted by 1959, 199:7 the following
1965] Chapter 53 37
new section: 383:10-b Confidential Information. All records of investiga-
tions and reports of examinations by the banking department, including
any duly authenticated copy or copies thereof in the possession of any
institution under the supervision of the bank commissioner, shall be
confidential communications, shall not be subject to subpoena and shall
not be made public unless, in the judgment of the commissioner, the
ends of justice and the public advantage will be subserved by the pub-
lication thereof. The commissioner may furnish to the federal supervisory
authorities such information and reports relating to the institutions un-
der his supervision as he deems best. On motion for discovery filed in
any court of competent jurisdiction, in aid of any pending action, the
court, after hearing the parties, may order the production of such records,
investigations and reports for use in such action whenever it is found that
justice so requires, subject to such reasonable safeguards imposed by the
court as may be necessary to prevent use by unauthorized persons or pub-
licity of irrelevant portions thereof.
52:2 Effective Date. This act takes effect sixty days after its passage.
[Approved April 14, 1965.]
[Effective date June 13, 1965.]
CHAPTER 53.
AN ACT PROVIDING FOR IMMUNITY FROM LIABILITY IN EMERGENCY CASES.
Be it Enacted by the Senate and House of Represejitatives in General
Court convened:
53:1 Immunity Enlarged. Amend RSA 329:25 (supp) as inserted by
1963, 256 by striking out in line four the words "on or along any public
highway" so that said section as amended shall read as follows: 329:25
Emergency Treatment. No person, authorized to practice medicine un-
der this chapter or under the laws of any other state, who, in good faith,
renders emergency care at the scene of an emergency without making any
charge therefor, shall be liable for any civil damages as a result of acts
or omissions by such person in rendering such emergency care, or as a
result of any act or failure to act to provide or arrange for further medi-
cal treatment or care.
53:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved April 14, 1965.]
[Effective date June 13, 1965.]
38 Chapter 54 [1965
CHAPTER 54.
AN ACT TO GIVE THE RIGHT TO VOTE TO A PERSON BECOMING OF VOTING
AGE WITHIN SIX MONTHS AFTER MOVING FROM ONE PLACE WITHIN
THE STATE TO ANOTHER PLACE WITHIN THE STATE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
54:1 Voting Residence. Amend RSA 54:8 by inserting after para-
graph II the following new paragraph: III A person who becomes of
voting age within the six-month period immediately preceding the day
of an election in ^vhich he wishes to vote, but who has moved from an-
other place Avithin the state ^vhere he dwelled or had his home, may vote
at the election in his new voting domicile under the following two condi-
tions:
(a) If he has dwelled or had his home within the state continuously
during the six-month period immediately preceding the election at which
he wishes to vote; and if
(b) Prior to or at the last session for correction of the checklist or
five days before any election, whichever is later, he furnishes to the super-
visors of the checklist in the new voting domicile a certificate of domicile
issued by the supervisors of the checklist or affidavit of three knowledge-
able residents of the old domicile which sets forth the facts of his dwelling
or having his home in the old domicile.
If a person who becomes of voting age fails to apply for the certificate
of dom^icile within the time stated, the failure to apply shall not be con-
sidered a forfeiture of his voting domicile from the old domicile and he
shall retain his voting domicile in the old domicile until he has resided
in the new voting domicile for a period of six months immediately pre-
ceding any election.
54:2 Takes Effect. This act takes effect sixty days after its passage.
[Approved April 14, 1965.]
[Effective date June 13, 1965.]
CHAPTER 55.
AN ACT RELATING TO TOWNS AND CITIES INCURRING INDEBTEDNESS TO PAY
FOR REAPPRAISALS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
55:1 Reassessments. Amend RSA 33 by adding after section 33:3-a
the following new section: 33:3-b Additional Purpose. A city or to\vn
1965] Chapter 55 39
may issue its bonds or notes for the purpose of defraying the cost of a
reappraisal by professional appraisers of the real estate in such city or
town for tax assessment purposes, or for the acquisition of a tax map of
said city or town; said bonds or notes to mature in a period of not more
than five years from the date of issue.
55:2 Effective Date. This act takes effect sixty days after passage.
[Approved April 14, 1965.]
[Effective date June 13, 1965.]
CHAPTER 56.
AN ACT RELATIVE TO ANNUAL PAYMENTS TO FIREMEN S RETIREMENT BOARD
BY CALL FIREMEN.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
56:1 Call Firemen. Amend RSA 102:19, as amended by 1959, 35:1,
by striking out the words "six dollars per year" in the sentence beginning
"All call, volunteer or substitute," and inserting in their place the words,
twelve dollars per year, so that the section is amended to read as follo^vs:
102:19 Eligibility and Application for Benefits. Call, volunteer, or sub-
stitute firemen to be eligible for the benefits hereof must be accepted by
their respective city, town, precinct or organized volunteer company. All
call, volunteer or substitute firemen who desire the benefits of this chap-
ter shall make application to the retirement board and pay the sum of
twelve dollars per year, said amount to be paid in one sum, and shall
give notice of their application for the benefits hereof to the treasurer
or other disbursing officer of the city, town or precinct which employs
them. The chief, clerk or other responsible officer of a fire company
whose members have applied for the benefits of this chapter shall forward
to the secretary of the board, on a form approved by the board, the num-
ber and the names of such members as of July first of every year and
shall also notify the board of any dismissals, resignations or deaths during
the year of any of its members who were eligible to the benefits hereof.
New members applying for the benefits of this chapter during the fiscal
year, who are not replacing former members of their company who
had applied for benefits hereunder shall be assessed the full amount as
stated above, if their applications are received on or before December
thirty-first of any year, but their protection hereunder shall run only to
June thirtieth of the following year or to the beginning of the ncAv fiscal
year. All new members who are not replacing former members during
the fiscal year whose applications are received on or after January first
of any year shall be assessed one-half the amount stated above and shall
be protected only to June thirtieth of the same year or to the beginning
40 Chapter 57 [1965
of the new fiscal year. Members who, during the fiscal year, are replacing
members who had accepted the benefits of this chapter but who are no
longer members of the fire department, shall not be assessed, but shall
be entitled to the benefits hereof to June thirtieth of the same fiscal year
for ^vhich the member whom they are replacing was eligible. All assess-
ments from call, volunteer or substitute firemen, for any fiscal year be-
ginning July first to June thirtieth of the following year, shall be paid
on or before June thirtieth of that fiscal year in which application or
renewal of application is received by the board; with the exception, that,
in case of total and permanent disability or accidental death of any mem-
ber who has made application for the benefits of this chapter, benefits
accruing to such member or to his beneficiary shall not be paid until his
assessment for that fiscal year has first been received by the board.
56:2 Effective Date. This act takes effect July 1, 1965.
[Approved April 14, 1965.]
[Effective date July 1, 1965.]
CHAPTER 57.
AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION TRUST FUNDS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
57:1 Unemployment Compensation Fund. Amend paragraph B of
RSA 282:8 by striking out the entire paragraph and inserting in its place
the following: B. Accounts and Deposit. The commissioner shall desig-
nate a permanent full-time classified employee of the department to be
treasurer of the fund Avho also shall be the custodian thereof. The treas-
urer shall administer such fund solely in accordance with the directions
of the commissioner. He shall maintain within the fund three separate
accounts: (1) a clearing account, (2) an unemployment trust fund account,
and (3) a benefit account. All moneys payable to the fund, upon receipt
thereof by the treasurer, shall be immediately deposited in the clearing
account. Refunds payable pursuant to section 12-H of this chapter may
be paid from the clearing account. The clearing account shall be used
for deposit and clearance of any instrument which involves payment to
the unemployment compensation fund and any other fund created with-
in or without the state treasury by this chapter; upon clearance, such
amount as is found to be due such other fund shall immediately be with-
drawn by check and forwarded to the custodian of such fund for deposit.
After clearance thereof, all other moneys in the clearing account shall be
immediately deposited with the secretary of the treasury of the United
States of America to the credit of the account of this state in the unem-
ployment trust fund, established and maintained pursuant to section
1965] Chapter 57 41
904 of the Social Security Act, as amended, any provisions of law in this
state relating to the deposit, administration, release, or disbursement of
moneys in the possession or custody of this state to the contrary notwith-
standing. The benefit account shall consist of all moneys requisitioned
from this state's account in the unemployment trust fund. Except as
herein otherAvise provided, moneys in the clearing and benefit accounts
may be deposited by the treasurer in any bank or public depository in
which general funds of the state may be deposited, but no public deposit
insurance charge or premium shall be paid out of said fund. The treas-
urer shall give a bond conditioned upon the faithful performance of
his duties including; those as custodian of the fund in the amount of
three hundred thousand dollars. Premiums for said bond shall be paid
from the unemployment compensation and employment service admin-
istration fund and purchased by the division of purchase and property.
57:2 Unemployment Compensation Fund. Amend paragraph C of
RSA 282:8 by striking out the entire paragraph and inserting in its place
the following: C. Withdrawals. The commissioner shall from time to
time requisition from the unemployment trust fund such amounts, not
exceeding the amounts standing to this state's account therein, as he
deems necessary solely for the payment of benefits for a reasonable future
period. Upon receipt thereof the treasurer shall deposit such moneys in
the benefit account. Benefit payments shall be made solely from the bene-
fit account. All checks dra^vn on either the clearing account or benefit
account shall bear the signature of the commissioner or his duly author-
ized agent for that purpose. Any balance of moneys requisitioned from
the unemployment trust fund which remains unclaimed or unpaid in
the benefit account after the expiration of the period for which such
sums Avere requisitioned shall either be deducted from estimates for, and
may be utilized for the payment of, benefits during succeeding periods,
or, in the discretion of the commissioner of the department of employ-
ment security, shall be redeposited with the secretary of the treasury of
the United States of America, to the credit of this state's account in the
unemployment trust fund, as provided in section 8-B of this chapter.
57:3 Reciprocal Arrangements. Amend subparagraph (5) of para-
graph A of RSA 282:16 (supp) as inserted by 1963, 194:11 by striking
out the same and inserting in place thereof the following: (5) The said
department may administer, at no cost to this state, as an agent of the
United States of America, employment security and related programs
authorized by the Congress of the United States and pursuant thereto
may receive and disburse federally granted monies. All the power and
authority otherwise granted in this chapter to the commissioner shall
equally apply under this provision. The commissioner may create outside
the state treasury such special funds, the monies in which shall not lapse
at any time or be transferred to any other fund, except as permitted by
federal law, as he determines necessary to carry out the purposes of this
42 Chapter 58 [1965
provision. Monies granted by the federal government for payment of
department personnel salaries and expenses, supplies, equipment and
rent and such other expenses as are approved by the federal agency to
carry out any agreement shall be deposited in the unemployment com-
pensation and employment service administration fund provided by this
chapter. The treasurer, as provided in section 8 of this chapter, shall be
the treasurer of such fund as is created hereunder and it shall be safe-
guarded in such manner as may be required by federal law. The cost of
any bond required by any federal agency shall be paid from the unem-
ployment compensation and employment service administration fund
created by this chapter.
57:4 Effective Date. This act takes effect sixty days after its passage.
[Approved April 14, 1965.]
[Effective date June 13, 1965.]
CHAPTER 58.
AN ACT RELATIVE TO POWER OF TESTATORS TO DESIGNATE REPRESENTA-
TIVES FOR UNKNOWN BENEFICIARIES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
58:1 Nomination of Representatives. Amend RSA 553 by inserting
after section 12 the following new section: 553:12-a Nomination of
Person to Represent Unborn or Unascertained Interests. If a deceased
person in his duly allowed will has nominated a spouse or lineal descend-
ant, even though interested, to represent the interests of persons unborn
or unascertained, the court, in the absence of good cause sho^vn, shall
comply with the expressed desire of the deceased with respect to such
representation.
58:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved April 14, 1965.]
[Effective date June 13, 1965.]
CHAPTER 59.
AN ACT RELATIVE TO THE POWERS OF THE BALLOT-LAW COMMISSION
Be it Enacted by the Senate and House of Representatives in General
Court convened:
59:1 Scope of Appeal Enlarged. Amend paragraph I of RSA 68:4
by striking out in line eight the word "only" and inserting in place there-
1965] Chapter 59 43
of the word, all; further amend said paragraph by striking out in line
nine the words " by the appellant"; so that said paragraph as amended
shall read as follo^vs. I. In case of a primary recount as provided in sec-
tions 56 to 61, inclusive, of chapter 56, RSA, any person voted for upon
the ballot of any party, who, by declaration of the secretary of state upon
recount, was not chosen as the candidate of such party, may within three
days after said declaration, appeal therefrom to the ballot-law^ commis-
sion by filing his written appeal with the secretary of state. The ballot-law
commission shall forthwith meet, hear and decide such appeal and shall,
on such appeal, consider and review all the rulings of the secretary of
state on ballots protested during the recount. If after such review it shall
appear that the appellant was nominated, the commission shall change
the declaration of the secretary of state and issue a certificate of nomina-
tion to the appellant. The decision of the ballot-law commission shall
be final as to questions both of law and fact, and no court shall have
jurisdiction to review such decision. The jurisdiction vested in the com-
mission under this paragraph shall be exclusive of all other remedies.
59:2 Powers Enlarged. Amend paragraph II of RSA 68:4 by strik-
ing out in line seven the word "only" and inserting in place thereof the
word, all; further amend said paragraph by striking out in line eight
the Avords "by the appellant"; so that said paragraph as amended shall
read as follows. II. In case of an election recount as provided in sections
94 to 98, inclusive, of chapter 59, RSA, any candidate who, by declaration
of the secretary of state upon recount did not have the greatest number
of votes, may within three days after said declaration, appeal therefrom
to the ballot-law commission by filing his written appeal with the secre-
tary of state. The ballot-law commission shall forthwith meet, hear and
decide such appeal and shall, on such appeal, consider and review all the
rulings of the secretary of state on ballots protested during the recount.
If after such review, it shall appear that the appellant had the greatest
number of votes, the commission shall change the declaration of the secre-
tary of state and issue a certificate of such changed declaration to the
appellant. The decision of the ballot-law commission under this para-
graph shall be subject to appeal as provided in section II of this chapter.
The jurisdiction vested in the commission under this paragraph shall be
exclusive; but nothing contained in this paragraph shall be construed
to bar any person from recourse to the superior court on other questions,
within the jurisdiction of such court, relating to the legality or regularity
of biennial elections or the results thereof.
59:3 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved April 14, 1965.]
[Effective date June 13, 1965.]
44 Chapter 60 [1965
CHAPTER 60.
AN ACT TO CHANGE THE LABELING REQUIREMENTS OF AGRICULTURAL SEEDS.
Be it Enacted by the Sejiate and House of Representatives in General
Court convened:
60:1 Definitions of Noxious Weeds. Amend paragraphs IV, V, and
VI of RSA 434:1 by striking out the word "primary" wherever it occurs
in the three paragraphs and inserting in its place the Avord, prohibited,
and by striking out the word "secondary" wherever it occurs in the three
paragraphs and inserting in its place the word, restricted, so that the
paragraphs read as follows: IV. Noxious weed seeds shall be divided
into two classes, "prohibited noxious weed seeds" and "restricted noxious
Aveed seeds" as herein defined; provided, that the commissioner of agri-
culture may add to or subtract from the list of seeds included under
either definition whenever he finds that such additions or subtractions
are within the respective definitions.
V. "Prohibited noxious weed seeds" shall include the seeds of peren-
nial weeds such as those that reproduce and spread by underground
roots or stems as Avell as by seed, and Avhich, Avhen established, are highly
destructive and difficult to control in this state by ordinary good cultural
practice. Prohibited noxious weed seeds in this state are the seeds of:
Canada thistle (Cirsium arvense), field bindweed (Convolvulus ar\'ensis),
and quack grass (Agropyron repens).
VI. "Restricted noxious weed seeds" shall include the seeds of such
weeds as are very objectionable in field, lawns, or gardens of this state,
but can be controlled by good cultural practices. The restricted noxious
weed seeds in this state are the seeds of: dodder (Cuscuta spp.) and crab
grass (Digitaria sanguinalis).
60:2 Definition of Treated. Amend RSA 434:1 by adding a new
paragraph to the end of the section, as follows: IX. The term "treated"
means that the seed has received an application of a substance, or that
the seed has been subjected to a process for Avhich a claim is made.
60:3 Label Requirement. Amend RSA 434:2 by striking out the
words and fissures "oivinsr the information as set forth in sections 3 and
4," at the end of the section and inserting in their place the Avords, giA ing
the folloAving information:, and by adding neA\^ paragraphs numbered
I, II, III, and IV to the end of the section, so that the section is amended
to read as folloAvs: 434:2 Label Requirement. Each separate container
of agricultural or vegetable seed, including seeds in small packets, Avhich
is sold, ofi^ered for sale, or exposed for sale, within this state for soAving
purposes shall bear thereon or have attached thereto in a conspicuous
place a plainly written or printed label or tag in the English language,
giving the folloAving information:
1965] Chapter 60 45
I. The name and address of the person who labeled the seed, or
who sells, offers, or exposes the seed for sale within this state.
II. For all seeds named and treated as defined in this chapter (for
which a separate label may be used):
(A) A word or statement indicating that the seed has been treated.
(B) The commonly accepted coined, chemical or abbreviated chem-
ical (generic) name of the applied substance or description of the process
used.
(C) If the substance in the amount present with the seed is harmful
to human or other vertebrate animals, a caution statement such as "Do
not use for food or feed or oil purposes." The caution for mercurials and
similarly toxic substances shall be a poison statement or symbol.
(D) If the seed is treated with an innoculant, the date beyond which
the innoculant is not to be considered effective (date of expiration).
III. For agricultural seeds the following is required:
(A) Commonly accepted name of kind, or kind and variety, of each
agricultural seed component in excess of five per cent of the whole and
the percentage by weight of each. Where more than one component is
required to be named, the word "mixture" or "mixed" shall be associated
with the name on the label.
(B) Lot number or other lot identification.
(C) Origin, if known, of alfalfa, red clover, and field corn (except
hybrid corn). If the origin is unknown, that fact shall be stated.
(D) Percentage by weight of all weed seeds, including those known
as noxious weeds.
(E) If present, the names of the kinds of restricted noxious Aveed
seeds and the rate of occurrence of each:
(1) Per ounce in Agrostis spp., Poa spp., Rhodes grass, Bermuda
grass, timothy, orchard grass, fescues, alsike and white clover, reed canary
grass, Dallis grass, ryegrass, foxtail millet, crimson clover, Brassica spp.,
flax, Agropyron spp., and other agricultural seeds of similar size and
weight or mixtures within this group and
(2) Per pound in proso, Sudan grass, wheat, oats, rye, barley, buck-
wheat, sorghums, vetches, and other agricultural seeds of a size and ^veight
similar to or greater than those within this group, or any mixtures within
this group. All determinations of noxious weed seeds shall be subject to
tolerances and methods of determination prescribed in the rules and regu-
lations under this chapter.
46 Chapter 60 [1965
(F) Percentage by weight of agricultural seeds other than those re-
quired to be named on the label.
(G) Percentage by A\^eight of inert matter.
(H) For each named agricultural seed, percentage of germination,
exclusive of hard seed, percentage of hard seed, if present, and the calen-
dar month and year the test was completed to determine such percent-
ages.
I\^ For vegetable seeds the following is required:
(A) For peas, beans, and sweet corn in containers of one pound or
less, and all other kinds of vegetable seeds in containers of one-quarter
pound or less:
(1) The calendar month and year when last tested for germination
or the calendar year for which seed is packaged.
(2) The kind and variety of seed.
(3) For seed that germinates less than the standard last established
by the commissioner of agriculture hereunder, and in type not smaller
than eight-point size:
(a) Percentage of germination, exclusive of hard seed,
(b) Percentage of hard seed, if present,
(c) The calendar month and year the test was completed to deter-
mine such percentages,
(d) The words "Below Standard."
(B) For peas, beans, and sweet corn in containers of more than one
poiuid and all other kinds of vegetable seeds in containers of more than
one-quarter pound:
(1) The kind and variety of seed,
(2) The calendar month and year when last tested for germination,
(3) For seed that germinates less than the standard last established
by the commissioner of agriculture hereunder, and in type not smaller
than eight-point size:
(a) Percentage of germination, exclusive of hard seed,
(b) Percentage of hard seeds, if present,
(c) The calendar month and year the test was completed to deter-
mine such percentages,
(d) The words "Below Standard."
1965] Chapter 60 47
60:4 Prohibitions and Illegal Sales. RSA 434:6 is amended by strik-
ing out the entire section and inserting in its place a new section as fol-
lows: 434:6 Prohibitions and Illegal Sales. I. It is unlawful for any
person to sell, offer for sale or expose for sale any agricultural or vegetable
seed within this state:
(A) Unless the test to determine the percentage of germination re-
quired by section 2 of this chapter has been completed within the nine-
month period, exclusive of the calendar month in which the test was
completed, immediately prior to sale, exposure for sale, or offering for
sale.
(B) Not labeled in accordance with the provisions of this chapter,
or having a false or misleading labeling.
(C) Pertaining to which there has been a false or misleading adver-
tisement.
(D) Any agricultural seeds containing any prohibited noxious
weed seeds except as may be allowed under tolerances prescribed in the
rules and regulations authorized under this chapter.
II. It is unlawful for any person within this state:
(A) (1) To detach, alter, deface, or destroy any label provided for by
this chapter or by the rules and regulations made and promulgated un-
der this chapter, or
(2) To alter or substitute seed in a manner that may defeat the pur-
poses of this chapter.
(B) To disseminate any false or misleading advertisement concern-
ing agricultural or vegetable seed in any manner or by any means.
(C) To hinder or obstruct in any way any authorized person in the
performance of his duties under this chapter,
(D) To fail to comply with a "stop-sale" order.
60:5 Exemptions. RSA 434:7 is amended by striking out the words
and figures "2 to 6, inclusive," and by inserting in their place the words
and figures, 2 and 6 of this chapter, by striking out everything in the
section that follows the words "cleaning or processing establishment for
cleaning or processing," and inserting in their place a period after the
second use of the word "processing"; and by adding the following new
sentence. However, any labeling or other representation made with re-
spect to the unclean seed is subject to the provisions of this chapter, so
that the section is amended to read: 434:7 Exemptions. The provisions
of sections 2 and 6 of this chapter do not apply to seed or grain not in-
tended for sowing purposes, nor to seed in storage in, or consigned to, a
seed cleaning or processing establishment for cleaning or processing.
48 Chapter 61 [1965
However, any labeling or other representation made with respect to the
unclean seed is subject to the provisions of this chapter.
60:6 Repeal. RSA 434:3 relative to requirements of labels for agri-
cultural seeds is repealed.
60:7 Repeal. RSA 434:4 relative to requirements of labels for veg-
etable seeds is repealed.
60:8 Repeal. RSA 434:5 relative to illegal sales of agricultural and
vegetable seed is repealed.
60:9 Effective Date. This act shall take effect upon its passage.
[Approved April 14, 1965.]
[Effective date April 14, 1965.]
CHAPTER 61.
AN ACT TO AUTHORIZE THE LAYOUT OF RIGHT OF WAY, THE ACQUISITION OF
LAND AND RIGHT OF WAY, AND THE ENGINEERING FOR A
HIGH LEVEL PORTSMOUTH-KITTERY BRIDGE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
61:1 Interstate Highway. The commissioner of public works and
high"\\^ays, subject to the approval of the governor and council, is author-
ized to lay out the right of way and acquire land as provided by statute,
and to perform the engineering work for the construction of a high-level
bridge over the Piscataqua River at Portsmouth, New Hampshire, in-
cluding the approaches to the bridge, as a part of the national system of
interstate and defense highways, under the general provisions proposed
as "Alternate Route A" in the Interstate Route 95 Location and Eco-
nomic Study of the Wilbur Smith and Associates' study for the New
Hampshire department of public works and highways. The commissioner
is authorized to cooperate in the building of the bridge with the bureau
of public roads of the United States Department of Commerce and Avith
the Maine state highway commission.
61:2 Effective Date. This act takes effect sixty days after its passage.
[Approved April 16, 1965.]
[Effective date June 15, 1965.]
1965] Chapter 62 49
CHAPTER 62.
AN ACT TO REPEAL SPECIAL FISHING REGULATIONS RELATIVE TO THE
UPPER CONNECTICUT RIVER.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
62:1 Repeal. RSA 211:3, as amended by 1955, 277:4 is hereby re-
pealed.
62:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved April 16, 1965.]
[Effective date June 15, 1965.]
CHAPTER 63.
AN ACT PROHIBITING THE SALE OF SWEEPSTAKES TICKETS BY UNAUTHORIZED
PERSONS.
Be it Enacted by the Senate and House of Representatives in General
Conrt convened:
63:1 Prohibition and Exemption. Amend RSA 284 by inserting
after section 21-n, as inserted by 1963, 200:4, the following new sections:
284:21 -o Purchase of Tickets for a Fee Prohibited. No person shall en-
gage in the business of purchasing or offering to purchase a sweepstakes
ticket or tickets for, in behalf of, or in the name of another for a fee or
service charge which shall make the ultimate cost of such ticket or tickets
to the registered owner thereof greater than the legal price of such ticket
or tickets as established by the sweepstakes commission under the au-
thority of this subdivision. Whoever violates the provisions of this sec-
tion shall be fined not more than five hundred dollars, or imprisoned
not more than one year, or both.
284:21-p Effect on Other Laws. RSA 577:1 to 15 inclusive, shall not
apply to the sale of sweepstakes tickets provided for by this subdivision.
63:2 Takes Effect. This act shall take effect ten days after its passage.
[Approved April 16, 1965.]
[Effective date April 26, 1965.]
50 Chapter 64 [1965
CHAPTER 64.
AN ACT RELATIVE TO LICENSING OF CHIROPRACTORS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
64:1 Odd Numbered Years. Amend RSA 316:16 (supp), as amended
by 1963, 222:2, by striking out the words "even numbered year" and in-
serting in their place the words, odd numbered year, so that the section
is amended to read as follows: 316:16 Expiration of Licenses. All li-
censes and renewals issued under the provisions of this chapter shall
expire on the first day of July in each odd numbered year.
64:2 Effective Date. This act takes effect sixty days after its passage.
[Approved April 16, 1965.]
[Effective date June 15, 1965.]
CHAPTER 65.
AN ACT TO INCREASE THE PUBLIC REVENUE FROM THE TAX ON LEGACIES
AND SUCCESSIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
65:1 Inheritance Taxes. Amend RSA 86:6 (supp) as amended by
1963, 112:1 by striking out in line eighteen the words "eight and one-
half" and inserting in place thereof the word, ten, so that said section, as
amended, shall read as follo^vs: 86:6 Taxable Property and Tax Rate.
All property within the jurisdiction of the state, real or personal, and any
interest therein, belonging to domiciliaries of the state, and all real estate
-^vithin the state, or any interest therein, belonging to persons who are
not domiciliaries of the state, which shall pass by will, or by the laws regu-
lating intestate succession, or by deed, grant, bargain, sale or gift, made
in contemplation of death, or made or intended to take effect in posses-
sion or enjoyment at or after the death of the grantor or donor, to any
person, absolutely or in trust, except to or for the use of the husband,
wife, father, mother, or lineal descendant, or for the care of cemetery
lots, or to a city or town in this state for public municipal purposes, or
to or for the use of educational, religious, cemetery, or other institutions,
societies or associations of public charity in any state, other than this state,
territory or country the laws of which, at the time of the death of the
decedent, either (1) do not impose a transfer tax or death tax of any kind
or (2) grant an exemption similar to that hereby provided to tiie dom-
iciliaries of such state, territory or country in favor of property passing
to charities in this state, shall be subject to a tax of ten per cent of its
value, for the use of the state. For the purposes of this section all adopted
1965] Chapter 66 51
children in the decedent's line of succession shall be treated as natural
children in determining "lineal descendant".
65:2 Takes Effect. This act shall take effect on passage.
[Approved April 21, 1965.]
[Effective date April 21, 1965 at 3:40 p.m.]
CHAPTER 66.
AN ACT EXPANDING THE DUTIES AND POWERS OF THE STATE APPRENTICE-
SHIP COUNCIL.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
66:1 Rules Relative to Nondiscrimination. Amend RSA 278:3 by
adding at the end thereof the following: (i) adopt rules and regulations
to insure nondiscrimination in all phases of apprenticeship and employ-
ment during apprenticeship.
66:2 Personnel Provided. Amend RSA 278 by inserting after section
3 the folloAving new section: 278:3-a Personnel. For the purpose of
carrying out administerial duties the council may employ assistants and
clerical personnel as are necessary, who shall work under the general
supervision of the labor commissioner.
66:3 Effective Date. This act takes effect sixty days after its passage.
[Approved April 21, 1965.]
[Effective date June 20, 1965.]
CHAPTER 67.
AN ACT TO INCREASE THE PUBLIC REVENUE FROM THE TAX ON PUBLIC
UTILITIES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
67:1 Public Utilities. Amend RSA 83-B:2 (supp) as inserted by
1959, 86:1 by striking out in line three the word "eight" and inserting in
place thereof the word, nine, so that said section, as amended, shall read
as follows: 83-B:2 Tax Imposed. Every public utility shall pay to the
state, annually, a special tax upon the franchise exercised by such public
utility within the state, such tax to be assessed at a rate equal to nine per
cent of the income such public utility derives in this state during the
calendar year of assessment from the exercise of such franchise.
52 Chapter 68 [1965
67:2 Takes Effect. This act shall take effect as of July 1, 1965.
[Approved April 21, 1965.]
[Effective date July 1, 1965.]
CHAPTER 68.
AN ACT TO RECLASSIFY A CLASS V HIGHWAY IN THE TOWN OF RINDGE
TO A CLASS III HIGHWAY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
68:1 Highway in Rindge. Amend paragraph II of RSA 231:6-a as
inserted by 1961, 170:1 by striking out said paragraph and inserting in
place thereof the following: II. The Annett state park road in the town
of Rindge beginning at the Cathedral of the Pines and running to the
southern boundary of Annett state reservation, and from said southern
boundary of Annett state reservation a distance of 0.37 miles, to the
southern boundary of the town of Jaffrey, and which runs through the
Annett state reservation for its entire length.
68:2 Effective Date. This act takes effect on its passage.
[Approved April 21, 1965.]
[Effective date April 21, 1965.]
CHAPTER 69.
AN ACT REDEFINING A WORLD WAR I VETERAN IN CONNECTION WITH CLAIM
FOR BURIAL EXPENSES.
Be it Enacted by the Senate and House of Representatives in Gefieral
Court convened:
69:1 Aid to Town Paupers. Amend paragraph IV of RSA 165:17
by striking out the words "reenlistment in" so that the paragraph is
amended to read:
IV. "World War I" between April 6, 1917 and November 11, 1918
extended to April 1, 1920 for service in Russia, provided that military or
naval service on or after November 12, 1918 and before July 2, 1921
where there was prior service between April 6, 1917 and November 11,
1918, shall be considered as World War I service.
69:2 Effective Date. This act takes effect sixty days after its passage.
[Approved April 30, 1965.]
[Effective date June 29, 1965.]
1963] Chapter 70 53
CHAPTER 70.
AN ACT PROVIDING FOR REIMBURSEMENT OF LOSS OF TAXES ON FEDERAL AND
STATE OWNED FOREST LANDS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
70:1 Forest Lands. Amend RSA 219:32 as amended by 1959, 79:2
by striking out the section and inserting in its place the following: 219:32
Loss of Taxes. In any year in which no state tax is levied, any town in
which national forest lands and land held by the state for operation and
development as state forest land are situated whether acquired by gift,
devise, pvuxhase or in any other manner, may apply, by its selectmen, to
the tax commission, on forms prepared and provided by the said commis-
sion, annually before September first, for the payment of an amount not
exceeding the taxes for all purposes which such town might have received
from taxes on said lands in such year had said lands been taxable.
70:2 Payments. Amend RSA 219:33 by striking oiu the section and
inserting in its place the following: 219:33 Application for Payment.
The tax commission shall consider such application and the facts therein
set forth and shall determine the amount of payment to be made as equity
may require. After the tax commission has made known its decision, the
selectmen of any town may request a hearing within thirty days from
the date of notice of such decision and the commission shall hold a hear-
ing after giving due notice thereof to the selectmen. The decision of the
tax commission made after such hearing shall be final.
70:3 Effective Date. This act takes effect upon passage.
[Approved April 30, 1965.]
[Effective date April 30, 1965.]
CHAPTER 71.
AN ACT REQUIRING THE POSTING OF ABATEMENTS IN THE INVOICE BOOK ON
FILE WITH THE TOWN CLERK.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
71:1 Tax Abatement Records. Amend RSA 76:20 by striking out
the section and inserting in its place the following: 76:20 Record. No
abatement of a tax is of any effect until recorded in the records of the
selectmen. At the time of recording an abatement of a tax the selectmen
shall, in writing, notify the town clerk of the abatement, stating the name
of the person to whom the tax was assessed, the year of the assessment,
the amount of the original assessed valuation, and the amount of the
54 Chapter 72 [1965
assessed valuation and of the tax abated. The town clerk shall thereupon
make a notation, in red ink and above the mount previously recorded as
assessed and taxed, the amount of assessed valuation and of the tax
abated against the name of the person to whom the tax was assessed, as
it appears upon the invoice record on file in his office.
71:2 Effective Date. This act takes effect sixty days after its passage.
[Approved April 30, 1965.]
[Effective date June 29, 1965.]
CHAPTER 72.
AN ACT RELATING TO UNINCORPORATED PLACES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
72:1 Unincoi-porated Places. Amend RSA 53:1 by striking out the
section and inserting in its place the following: 53:1 Powers. I. All places,
not incorporated as towns, which shall be required to pay any public tax
are invested with the powers of towns relating to the choice of moderator,
clerk, supervisors of the check list, and selectmen; and all provisions of
law applicable to towns and town officers are extended to such places
and their officers so far as they relate to meetings for the choice of such
officers and to their election, and so far as they relate to the election of
county, state and national officers. II. No unorganized town or unin-
corporated place, including any such town or place which was previously
organized and the organization of which has since been abandoned, shall
hereafter become incorporated so as to become vested with the powers
of towns, except for the purposes of election of local officers or state, na-
tional or county officers, unless such incorporation shall be granted by
the general court.
72:2 Takes Effect. This act shall take effect ninety days after its
passage.
[Approved April 30, 1965.]
[Effective date July 29, 1965.]
CHAPTER 73.
AN ACT TO ADJUST CLASSIFIED SALARIES OF STATE EMPLOYEES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
73:1 Salary Increase. Amend RSA 99:1 as amended by 1957, 274:1
and 1961, 221:1 by striking out said section and inserting in place thereof
1963]
Chapter 73
55
the following: 99:1 Salaries Established.
fied state employees shall be established as
The salary ranges for all classi-
follows:
) Grade
Minimum
Maximum
1
$3257.80
$3635.84
2
3344.90
3720.86
3
3430.96
3805.88
4
3486.60
3980.60
5
3602.30
4095.26
6
3716.70
4280.12
7
3831.10
4530.24
8
3911.96
4780.10
9
4055.74
5030.22
10
4220.06
5330.00
11
4400.24
5630.04
12
4600.18
5930.08
13
4800.12
6230.12
14
5000.06
6530.16
15
5300.10
6830.20
16
5600.14
7130.24
17
5900.18
7430.02
18
6200.22
7730.06
19
6500.00
8030.10
20
6800.04
8330.14
21
7100.08
8630.18
22
7400.12
9030.06
23
7700.16
9430.20
24
8000.20
9830.08
25
8300.24
10230.22
26
8600.02
10630.10
27
8900.06
11030.24
28
9200.10
11430.12
29
9600.24
11830.00
30
10100.22
12330.24
31
10700.04
12930.06
32
11400.22
13630.24
33
12100.14
14430.00
34
12800.06
15330.12
73:2 Interpretation of Provisions. Amend RSA 99:3 as amended by
1957, 274:2 and 1961, 221:2 by striking out said section and inserting in
place thereof the following: 99:3 Increase in Salary. Classified employees
of the state as of July 2, 1965 shall be placed in the corresponding steps
in the new salary ranges as their length of service justifies and their an-
nual salaries shall be in accordance with the salary scale set forth in sec-
tion 1. The provisions hereof shall not be construed as affecting so-called
longevity payments which shall be in addition to the regular salary scale.
56 Chapter 74 [1965
73:3 Classified Employees. Employees whose position classifications
were lo^vered as a result of the 1961 reorganization acts shall receive in-
creases based upon their classifications as of June 30, 1961.
73:4 Attendants. Employees in the several attendant classifications
within state institutions who have successfully completed an in-service
training program approved by the personnel commission shall receive a
one-salary grade increase to a new classification of psychiatric aide.
73:5 Licensed Practical Nurses. Employees working in the care and
treatment programs at state institutions who are recognized as licensed
practical nurses by the state of New Hampshire shall have their positions
classified to that of licensed practical nurse.
73:6 Takes Effect. This act shall take effect as of July 2, 1965.
[Approved April 30, 1965.]
[Effective date July 2, 1965.]
CHAPTER 74.
AN ACT RELATING TO VOLUNTARY CORPORATIONS AND ASSOCIATIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
74:1 The Promotion of Industrial Development and Prosperity.
Amend RSA 292:1 by adding after paragraph XI the following new
paragraph: XII. To provide industrial, commercial, manufacturing and
warehouse facilities for the purpose of developing the growth and pros-
perity of the state, counties, cities, towns and villages.
74:2 Voluntary Corporations. Amend RSA 295 by inserting after
section 7 the following new sections: 295:7-a Bonds and Other Obliga-
tions. Every such corporation may incur liabilities, borrow money at
such rates of interest as the corporation may determine, issue its notes,
bonds and other obligations and refund the same and secure any of its
obligations by mortgage or pledge of all or any of its property, franchises
and income.
295:7-b Power to Lease. Every such corporation may make or enter
into lease agreements, either as lessee or lessor, to carry out any of its cor-
porate purposes.
74:3 Takes Effect. This act shall take effect immediately after its
passage.
[Approved April 30, 1965.]
[Effective date April 30, 1965.]
1963] Chapter 75 57
CHAPTER 75.
AN ACT TO ENABLE THE STATE OF NEW HAMPSHIRE, OR ANY POLITICAL SUB-
DIVISION THEREOF, TO ACCEPT GIFTS OF INDUSTRIAL FACILITIES AND TO
LEASE OR OTHERWISE DISPOSE OF THE SAME.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
75:1 Industrial Development. Amend RSA by inserting after chap-
ter 162-C as inserted by 1963, 301:4 the following new chapter:
Chapter 162-D
Acquisition and Disposal of
Industrial Facilities
162-D: 1 Declaration of Need and Purpose. It is hereby declared
that there is a need for the development of industrial, manufacturing
and warehouse facilities to insure the continued growth and prosperity
of the state, and of the counties, cities, and towns within the state. It is
the purpose of this chapter to provide the state, counties, cities, and towns
with the power to acquire title by gift, to one or more industrial facili-
ties and to lease or sell such facilities to any person, firm, partnership
or corporation, public or private, so as to furnish an additional means for
the development of industrial facilities, without the use of public funds,
where such development is more appropriate under this chapter than
under RSA 162-A. It is further declared that the acquisition of title to
such facilities and the lease or sale of such facilities as provided hereunder
is a public purpose and shall be regarded as performing an essential gov-
ernmental function in carrying out the provisions of this chapter. How-
ever, competition between communities in this state merely for the pur-
pose of seeking relocation of industrial facilities located in this state is
contrary to the policy of this chapter.
162-D:2 Definitions. As used in this chapter, unless the context
otherwise requires the following words and terms shall have the follow-
ing meanings:
(1) "Municipality" shall mean any city or town in the state.
(2) "Industrial facility" shall mean any land, any building or other
improvement, and all real and personal properties, including but not
limited to, machinery and equipment deemed necessary in connection
therewith, whether or not now in existence, which shall be suitable for
use for manufacturing, warehousing, or other industrial purposes, but
shall not include raw materials, work in process or stock in trade.
(3) "Governing body" shall mean the board or body in which the
general legislative powers of the county or municipality are vested.
58 Chapter 75 [1965
162-D: 3 Powers. In addition to any other powers ^vhich it may now
have, and notwithstanding any law to the contrary, the state, any county
or municipality shall have without any other authority the following
powers:
(1) To acquire by gift, from a voluntary corporation or association
formed under the provisions of RSA 292:1, one or more industrial facili-
ties, Avhich shall be located within this state, and which may be located
within, partially within, or partially without the county or municipality;
(2) To lease to any person, firm, partnership or corporation, either
public or private, any or all of its industrial facilities for such rentals
and upon such terms and conditions and for such period or periods as
the governing body of the appropriate county or municipality may deem
advisable or, in respect of the state, or a department, board, body or com-
mission of the state, as the governor and council may deem advisable,
provided, however, that said lease or leases shall require that the payment
of all costs of operation, maintenance and upkeep of such industrial fa-
cilities will be paid by the lessee, sublessee or occupant, thereof and that
under no circumstances will the state, county or municipality, be obli-
gated, directly or indirectly, for the payment of such costs.
(3) To sell and convey all or any part of any industrial facility
owned by it at public or private sale, with or without advertisement and
to do all acts necessary to the accomplishment of such sale or conveyance.
162-D;4 Acquisition by State. In the exercise of the powers con-
ferred upon the state by section 162-D: 3 of this chapter, title to any such
industrial facility may be vested in the state or in such department, board,
body or commission of the state as shall be designated by the governor
and council.
162-D:5 Procedure Before Acquisition. Notwithstanding any other
provision of law, neither the state, nor any county or municipality, shall
have the power to acquire title to an industrial facility, pursuant to the
provisions of this chapter, by gift, unless prior to the commencement of
the construction of such industrial facility by a voluntary corporation
or association formed under the provisions of RSA 292:1, the governor
and council shall have found after a hearing thereon that the construc-
tion, proposed leasing, operation and use of such industrial facility and
the acquisition thereof by the state, county or municipality -^vill serve a
public use and provide a public benefit and that such acquisition will be
within the policy of, and the authority conferred, by this chapter. Such
determination may be made by the governor and council if supported
by such documentation and information as the governor and council may
request as a basis for such determination and if they find that,
(1) The construction of such industrial facility will eliminate or
prevent unemployment, either in whole or in part in the area in which
such industrial facility is located; and
1963] Chapter 75 59
(2) Such industrial facility will consist of an industrial building, or
buildinos, which are suitable for industrial, manufacturing, or warehous-
ing purposes; and
(3) Such industrial facility will be leased to, or owned by, a financial-
ly responsible person or corporation; and
(4) Adequate provision has been, or will be, made for the payment
of the cost of the construction of such industrial facility and that under
no circumstances will the state, or county, or municipality, be obligated
directly or indirectly, for the payment of the cost of construction of such
industrial facility, or for the payment of the principal of, or interest on,
any obligations issued to finance such construction; and
(5) Adequate provision has been, or will be made in the lease for
the payment of all costs of operation, maintenance, and upkeep of such
industrial facility by the lessee, sublessee or occupant so that under no
circumstances will the state, county, or municipality, be obligated, di-
rectly or indirectly, for the payment of such costs; and
(6) The construction, proposed leasing, operation and use of such
industrial facility will aid in the development, growth and prosperity of
the state, or of the county, or the municipality in which such industrial
facility is located.
162-D:6 No Authority to Operate as a Business. Neither the state
nor any county or municipality shall have the power to operate an indus-
trial facility, owned by it, as a business or in any manner except as the
lessor thereof.
162-D: 7 Tax Exemption and Payment for Services in Lieu of Taxes.
Any such industrial facility owned by the state, county or municipality
as provided by section 162-D: 3 hereof is declared to be public property
and shall be exempt from all taxes and special assessments of the state or
any political subdivision thereof; provided that in lieu of such taxes and
special assessments the state or any political subdivision thereof shall re-
quire any lessee, sublessee or occupant of any such industrial facility to
make payments annually to the municipality in which an industrial fa-
cility is located for its just share of the public expense, including but not
limited to education, highway maintenance, fire and police protection
and other similar public expenses and governmental services, and pro-
vided further that the governor and council shall determine, after a
hearing thereon, that such payments constitute a just share of the public
expense.
75:2 Takes Effect. This act shall take effect immediately after its
passage.
[Approved April 30, 1965.]
[Effective date April 30, 1965.]
60 Chapter 76 [1965
CHAPTER 76.
AN ACT MAKING AMENDMENTS TO THE UNIFORM COMMERCIAL CODE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
76:1 Due Diligence. Amend paragraph 27 of RSA 382-A: 1-201, as
inserted by 1959, 247:1, by striking out the paragraph and inserting in
its place the following: (27) Notice, knowledge or a notice or notifica-
tion received by an organization is effective for a particular transaction
from the time w^hen it is brought to the attention of the individual con-
ducting the transaction, and in any event from the time when it would
ha\e been brought to his attention if the organization had exercised due
diligence. Any organization exercises due diligence if it maintains rea-
sonable routines for communicating significant information to the person
conducting the transaction and there is reasonable compliance with the
routines. Due diligence does not require an individual acting for the
oroanization to communicate information unless such communication
is part of his regular duties or unless he has reason to know of the trans-
action and that the transaction would be materially affected by the in-
formation.
76:2 Separate Agreement. Amend paragraph (1) (c) of RSA 382-
A:3-105, as inserted by 1959, 247:1, by striking out the paragraph and
inserting in its place the following: (c) refers to or states that it arises out
of a separate agreement or refers to a separate agreement for rights as to
prepayment or acceleration; or
76:3 Statement. Amend paragraph (1) (b) of RSA 382-A:3-112, as
inserted by 1959, 247:1, by striking out the paragraph and inserting in
its place the following: (b) a statement that collateral has been given to
secure obligations either on the instrument or otherwise of an obligor
on the instrument or that in the case of default on those obligations the
holder may realize on or dispose of the collateral; or
76:4 Interest. Amend paragraph (4) (a) of RSA 382-A: 3- 122, as in-
serted by 1959, 247:1, by striking out the paragraph and inserting in its
place the following: (a) in case of a maker, acceptor or other primary
obligor of a demand instrument, from the date of demand;
76:5 Terms of Draft. Amend paragraph (2) of RSA 382-A: 3-4 12, as
inserted by 1959, 247:1, by striking out the word "continental" before
the words "United States", so that the paragraph is amended to read: (2)
The terms of the draft are not varied by an acceptance to pay at any
particular bank or place in the United States, unless the acceptance states
that the draft is to be paid only at such bank or place.
76:6 Presentment. Amend paragraph (4) of RSA 382-A: 3-504, as
inserted by 1959, 247:1, by striking out the word "continental" before
1963] Chapter 76 61
the words "United States" so the paragraph is amended to read: (4) A
draft accepted or a note made payable at a bank in the United States must
be presented at such bank.
76:7 Branch Bank Offices. Amend RSA 382-A:4-106 as inserted by
1959, 247:1, by adding at the end thereof the words, and under Article
3, so the section is amended to read: 382-A:4-106 Separate Office at a
Bank. A branch or separate office of a bank is a separate bank for the
purpose of computing the time within which and determining the place
at or to which action may be taken or notices or orders shall be given
under this Article and under Article 3.
76:8 Define Posting Process. Amend RSA 382-A, as inserted by 1959,
247:1, by adding after section 382-A:4-108 the following new section:
382-A:4-109 Process of Posting. The "process of posting" means the usual
procedure followed by a payor bank in determining to pay an item and
in recording the payment including one or more of the following or
other steps as determined by the bank:
(a) verification of any signature;
(b) ascertaining that sufficient funds are available;
(c) affixing a "paid" or other stamp;
(d) entering a charge or entry to a customer's account;
(e) correcting or reversing an entry or erroneous action Avith respect to
the item.
76:9 Method of Public Notice. Amend RSA 382-A:6-103, as inserted
by 1959, 247:1, by adding after paragraph (8) the following paragraph:
(9) Public notice under subsection (6) or subsection (7) may be given by
publishing once a week for two consecutive weeks in a newspaper of gen-
eral circulation where the transferor had its principal place of business
in this state an advertisement including the names and addresses of the
transferor and transferee and the effective date of the transfer.
76:10 Lists of Creditors. Amend paragraph (2) of RSA 382-A:6-104,
as inserted by 1959, 247:1, by adding at the end of the paragraph the fol-
lowing: If the transferor is the obligor of an outstanding issue of bonds,
debentures or the like as to which there is an indenture trustee, the list of
creditors need include only the name and address of the indenture trustee
and the aggregate outstanding principal amount of the issue, so the para-
graph is amended to read: (2) The list of creditors must be signed and
sworn to or affirmed by the transferor or his agent. It must contain the
names and business addresses of all creditors of the transferor, with the
amounts when known, and also the names of all persons who are known
to the transferor to assert claims against him even though such claims
are disputed. If the transferor is the obligor of an outstanding issue of
bonds, debentures or the like as to which there is an indenture trustee,
the list of creditors need include only the name and address of the in-
62 Chapter 76 [1965
denture trustee and the aggregate outstanding principal amount of the
issue.
76:11 Notice to Creditors. Amend paragraph (3) of RSA 382-A:6-
106, as inserted by 1959, 247:1, by inserting in line 2 after the word "reg-
istered" the words, or certified, so the paragraph is amended to read: (3)
The notice in any case shall be delivered personally or sent by registered
or certified mail to all the persons shown on the list of creditors furnished
by the transferor (Section 6-104) and to all other persons who are known
to the transferee to hold or assert claims against the transferor.
76:12 Notice of Auction Sales. Amend paragraph (3) (b) of RSA
382-A:6-107, as inserted by 1959, 247:1, by inserting in the first line after
the words "or by registered" the words, or certified, so the paragraph is
amended to read: (b) give notice of the auction personally or by registered
or certified mail at least ten days before it occurs to all persons shown on
the list of creditors and to all other persons who are known to him to hold
or assert claims against the transferor;
76:13 Warehouse Receipts. Amend paragraph (2) (b) of RSA 382-
A: 7-2 10, as inserted by 1959, 247:1, by inserting after the words "sent
by registered" the words, or certified, so the paragraph is amended to
read: (b) The notification must be delivered in person or sent by regis-
tered or certified letter to the last known address of any person to be
notified.
76:14 Definitions. Amend paragraphs (2) and (3) of RSA 382-A:8-
102, as inserted by 1959, 247:1, by striking out the paragraphs and insert-
ing in their place the following: (2) A "subsequent purchaser" is a person
who takes other than by original issue. (3) A "clearing corporation" is a
corporation all of the capital stock of which is held by or for a national
securities exchange or association registered under a statute of the United
States such as the Securities Exchange Act of 1934. (3-a) A "custodian
bank" is any bank or trust company which is supervised and examined
by state or federal authority having supervision over banks and which is
acting as custodian for a clearing corporation,
76:15 Short Sale. Amend RSA 382-A, as inserted by 1959, 247:1, by
inserting after section 8:106 the following new section: 382-A:8-107
Securities Deliverable; Action for Price.
(1) Unless otherwise agreed and subject to any applicable la^v or
regulation respecting short sales, a person obligated to deliver securities
may deliver any security of the specified issue in bearer form or registered
in the name of the transferee or indorsed to him or in blank.
(2) When the buyer fails to pay the price as it comes due under a
contract of sale the seller may recover the price
(a) of securities accepted by the buyer; and
1963] Chapter 76 63
(b) of other securities if efforts at their resale would be unduly bur-
densome or if there is no readily available market for their resale.
76:16 Investment Securities. Amend paragraph (1) (a) of RSA 382-
A:8-208, as inserted by 1959, 247:1, by striking out the words "and in
proper form" so the paragraph is amended to read: (a) the security is
Genuine; and
76:17 Security Form. Amend paragraph (1) (c) of RSA 382-A:8-208,
as inserted by 1959, 247:1, by inserting after the words "the security is"
the words, in the form and, so the paragraph is amended to read: (c) he
has reasonable grounds to believe that the security is in the form and
within the amount the issuer is authorized to issue.
76:18 Intermediary. Amend paragraph (3) of RSA 382-A:8-306, as
inserted by 1959, 247:1, by striking out the last sentence "A broker is not
an intermediary within the meaning of this subsection" so the paragraph
is amended to read as follows:
(3) Where a security is delivered by an intermediary known to be en-
trusted with delivery of the security on behalf of another or with collec-
tion of a draft or other claim against such delivery, the intermediary by
such delivery warrants only his own good faith and authority even though
he has purchased or made advances against the claim to be collected
against the delivery.
76:19 Indorsement. Amend paragraph (3) (b) of RSA 382-A: 8-308,
as inserted by 1959, 247:1, by inserting after the words "described capac-
ity," the words, either that person or, so the paragraph is amended to
read: (b) where the person so specified is described as a fiduciary but is
no longer serving in the described capacity, — either that person or his
successor; or
76:20 Owner, Holder of Securities. Amend RSA 382-A:8-313, as in-
serted by 1959, 247:1, by inserting after paragraph (1) (d) the following
paragraph: (e) appropriate entries on the books of a clearing corporation
are made under Section 8-320.
Further amend the section by striking out paragraph (2) and insert-
ing in its place the following new sections: (2) The purchaser is the owner
of a security held for him by his broker, but is not the holder except as
specified in subparagraphs (b), (c) and (e) of subsection (1). Where a se-
curity is part of a fungible bulk the purchaser is the owner of a propor-
tionate property interest in the fungible bulk. (3) Notice of an adverse
claim received by the broker or by the purchaser after the broker takes
delivery as a holder for value is not effective either as to the broker or as
to the purchaser. However, as between the broker and the purchaser the
purchaser may demand delivery of an equivalent security as to which no
notice of an adverse claim has been received.
64 Chapter 76 [1965
76:21 Transfers or Pledges of Securities. Amend RSA 382-A:, as in-
serted by 1959, 247:1, by inserting the following new section: 382-A:8-
320 Transfer or Pledge with a Central Depository System.
(1) If a security
(a) is in the custody of a clearing corporation or of a custodian bank
or a nominee of either subject to the instructions of the clearing corpora-
tion; and
(b) is in bearer form or indorsed in blank by an appropriate person
or registered in the name of the clearing corporation or custodian bank
or a nominee of either; and
(c) is shown on the account of a transferor or pledgor on the books
of the clearing corporation;
then, in addition to other methods, a transfer or pledge of the secur-
ity or any interest therein may be effected by the making of appropriate
entries on the books of the clearing corporation reducing the account of
the transferor or pledgor and increasing the account of the transferee or
pledgee by the amount of the obligation or the number of shares or rights
transferred or pledged.
(2) Under this section entries may be with respect to like securities
or interests therein as a part of a fungible bulk and may refer merely to
a quantity of a particular security Tvithout reference to the name of the
registered owner, certificate or bond number or the like and, in appropri-
ate cases, may be on a net basis taking into account other transfers or
pledges of the same security.
(3) A transfer or pledge under this section has the effect of a delivery
of a security in bearer form or duly indorsed in blank (Section 8-301)
representing the amount of the obligation or the number of shares or
rights transferred or pledged. If a pledge or the creation of a security
interest is intended, the making of entries has the effect of a taking of de-
livery by the pledgee or a secured party (Sections 9-304 and 9-305). A
transferee or pledgee under this section is a holder.
(4) A transfer or pledge under this section does not constitute a registra-
tion of transfer under Part 4 of this Article.
(5) That entries made on the books of the clearing corporation as
provided in subsection (1) are not appropriate does not affect the validity
or effect of the entries nor the liabilities or obligations of the clearing-
corporation to any person adversely affected thereby.
76:22 Security Agreements. Amend paragraph (1) of RSA 382-A: 9-
206, as inserted by 1959, 247:1 by inserting in the second line after the
words "for buyers" the words, or lessees; by inserting in the second line
after the words "by a buyer" the words, or lessee; and by inserting in the
1965] Chapter 77 65
fourth line after the words "the seller" the words, or lessor, so the para-
graph is amended to read as follows:
(1) Subject to any statute or decision which establishes a different
rule for buyers or lessees of consumer goods, an agreement by a buyer
or lessee that he will not assert against an assignee any claim or defense
which he may have against the seller or lessor is enforceable by an as-
signee who takes his assignment for value, in good faith and without no-
tice of a claim or defense, except as to defenses of a type which may be
asserted against a holder in due course of a negotiable instrument under
the Article on Commercial Paper (Article 3). A buyer who as part of one
transaction signs both a negotiable instrument and a security agreement
makes such an agreement.
76:23 Effective Date. This act takes effect sixty days after its pas-
sage.
[Approved May 3, 1965.]
[Effective date July 2, 1965.]
CHAPTER 77.
AN ACT RELATING TO THE LABELING OF HAZARDOUS SUBSTANCES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
77:1 Hazardous Substances. Amend RSA by inserting after chapter
339 the following new chapter:
Chapter 339-A
Labeling of Hazardous Substances
339-A: 1 Prohibited Acts. The following acts and the causing thereof
are hereby prohibited:
I. The manufacture, sale or delivery, holding or offering for sale of
any misbranded package of a hazardous substance.
II. The alteration, mutilation, destruction, obliteration, or removal
of the whole or any part of the label of, or the doing of any other act
with respect to, a hazardous substance, if such act is done ^vhile such sub-
stance is held for sale, and results in such substance being in a misbranded
package.
III. The giving of a guarantee or undertaking referred to in section
4 which guarantee or undertaking is false, except by a person who relied
upon a guarantee or undertaking to the same effect signed by, and con-
taining the name and address of the person residing in the state from
whom he received in eood faith the hazardous substance.
66 Chapter 77 [1965
IV. The refusal to permit entry or inspection, or to permit the tak-
ing of a sample, as authorized by section 5.
V. The removal or disposal of a detained or embargoed article in
violation of section 6.
VI. The use by any person to his own advantage, or revealing other
than to the director, division of public health services or employees of the
division of public health, or to the courts when relevant, of any informa-
tion acquired under authority of section 5 concerning any method of
process Ashich as a trade secret is entitled to protection.
VII. The delivery or proffered delivery for pay or otherwise, of a
hazardous substance in a reused food, drug or cosmetic container or in
a container ^vhich, though not a reused container, is identifiable as a food,
drug, or cosmetic container by its labeling or by other identification. The
reuse of a food, drug, or cosmetic container as a container for a hazardous
substance shall be deemed to be an act which results in the hazardous
substance being in a misbranded package. As used in this paragraph the
term "food", "druo", and "cosmetic" shall have the same meaning as de-
fined in section 2, chapter 146, RSA.
339-A:2 Terms Defined. As used in this chapter the following words
shall have the following meanings:
I. The term "director" means the director of the division of public
health services.
II. The term "hazardous substance" means
(a) any substance or mixture of substances which is toxic, is cor-
rosive, is an irritant, is a strong sensitizer, is flammable or generates pres-
sure through decomposition, heat, or other means, if such substance or
mixture of substances may cause substantial personal injury or substan-
tial illness during or as a proximate result of any customary or reasonable
foreseeable handling or use, including reasonably foreseeable ingestion
by children;
(b) any substance which the director by regulation finds, pursuant
to the provisions of section 5 and meet the requirements of (a);
(c) any radioactive substance, if, with respect to such substance as
used in a particular class of articles or as packaged, the director deter-
mines by regulation that the substance is sufficiently hazardous to re-
quire labeling in accordance with this chapter in order to protect the
public health. Provided, however, that the term "hazardous substance"
shall not apply to economic poisons subject to RSA 438, nor to products
subject to RSA 153, nor to foods, drugs and cosmetics subject to RSA
146, nor to substances intended for use as fuels when stored in containers
and used in the treating, cooking, or refrigeration systems of a house
and shall not include any source material, special nuclear material, or
1965] Chapter 77 67
by-product material, defined in RSA 125 by the United States Atomic
Energy Act of 1954, as amended, and regulations issued pursuant thereto
by the United States Atomic Energy Commission.
III. The term "toxic" means any substance (other than a radioactive
substance) Avhich has the capacity to produce personal injury or illness
to man through ingestion, inhalation, or absorption through any body
surface.
IV. The term "highly toxic" means any substance which falls within
any of the folloAving categories: (a) produces death within fourteen days
in half or more than half of a group of ten or more laboratory white rats
each weighing between two hundred and three hundred grams, at a single
dose of fifty milligrams or less per kilogram of body weight, ^vhen orally
administered; or (b) produces death within fourteen days in half or more
than half of a group of ten or more laboratory white rats each weighing
between two hundred and three hundred grams, when inhaled contin-
uously for a period of one hour or less at an atmospheric concentration
of two hundred parts per million by volume or less of gas or vapor or
two milligrams per liter by volume or less of mist or dust, provided such
concentration is likely to be encountered by man when the substance
is used in any reasonably foreseeable manner; or (c) produces death with-
in fourteen days in half or more than half of a group of ten or more
rabbits tested in a dosage of two hundred milligrams or less per kilogram
of body weight, when administered by continuous contact with the bare
skin for twenty-four hours or less.
V. If the director finds that available data on human experience
with any substance indicates diff:erent results from those obtained on
animals as set forth in paragraph IV, the human data shall take prece-
dence.
VI. The term "corrosive" means any substance which in contact
with living tissue will cause destruction of tissue by chemical action; but
shall not refer to action on inanimate surfaces.
VII. The term "irritant" means any substance not corrosive within
the meaning of paragraph VI which on immediate, prolonged, or re-
peated contact with normal living tissue will induce a local inflammatory
reaction.
VIII. The term "strong sensitizer" means a substance which will
cause on normal living tissue through an allergic or photodynamic proc-
ess a hypersensitivity which becomes evident on reapplication of the same
substance and which is designated as such by the director. Before desig-
nating any substance as a strong sensitizer, the director, upon considera-
tion of the frequency of occurrence and severity of the reaction, shall
find that the substance has a significant potential for causing hyper-
sensitivity.
68 Chapter 77 [1965
IX. The term "extremely flammable" shall apply to any substance
^vhich has a flash point at or belo^v tAventy degrees fahrenheit, as deter-
mined by the Tagliabue Open Cup Tester, and the term "flammable"
shall apply to any substance which has a flash point of above twenty de-
grees to and including eighty degrees fahrenheit, as determined by the
Tagliabue Open Cup Tester; except that the flammability of solids and
of the contents of self-pressurized containers shall be determined by
methods found by the director to be generally applicable to such ma-
terials or containers, respectively, and established by regulations issued
under the authority of section 5, which regulations shall also define the
terms "flammable" and "extremely flammable" in accord with such
methods.
X. The term "radioactive substance" means a substance which emits
ionizing radiation.
XI. The term "label" means both label and labeling as defined in
paragraphs III and IV of RSA 146:2.
XII. The term "federal act" means the Federal Hazardous Sub-
stances Labeling Act. (Public Laws No. 86 - 613, 74 Stat. 372; 15 U.S.C.
Sec. 1261 - 1273).
339-A:3 Misbranded Packages. A hazardous substance in a con-
tainer intended or suitable for household use shall be deemed mis-
branded, except as otherwise provided in section 5, if it fails to bear a
label:
I. Which states conspicuously (a) the name and place of business
of the manufacturer, packer, distributor or seller; (b) the common or
usual name or the chemical name (if there be no common or usual name)
of the hazardous substance or of each component which contributes sub-
stantially to its hazard, unless the director by regulation permits or re-
quires the use of a generic name; (c) the signal word "DANGER" on
substances which are extremely flammable, corrosive, or highly toxic;
(d) the signal word "WARNING" or "Caution" on all other hazardous
substances; (e) an affirmative statement of the principle hazard or hazards,
such as "Flammable," "Vapor Harmful", "Causes Burns", "Absorbed
Through Skin", or similar wording description of the hazard; (f) precau-
tionary measures describing the action to be followed or avoided, except
when modified by regulation of the director pursuant to section 5; (g)
instructions, when necessary or appropriate, for first aid treatment; (h)
the word "poison" for any hazardous substance which is defined as "high-
ly toxic" by subparagraph IV of section 2; (i) instructions for handling
and storage of packages which require special care in handling or stor-
age; and (j) the statement "Keep out of the range of children" or its
practical equivalent, and
1965] Chapter 77 69
II. On which any statements required under paragraph I of this
section are located prominently and are in English language in conspic-
uous and legible type in contrast by typography, layout, or color with
other printed matter on the label.
339-A:4 Guaranty to Dealer. No person shall be subject to the pen-
alties of section 7 for having violated paragraph 1 of section I, if the
receipt, delivery, or proffered delivery of a hazardous substance was made
in good faith, unless he refuses to furnish on request of the director or
of an employee of the division of public health services, the name and
address of the person from whom he purchased or received such hazard-
ous substance, and copies of all records, if any there be, pertaining to the
delivery of the hazardous substance to him; or if he establishes a guar-
antee or undertaking signed by, and containing the name and address of
the person residing in the United States from whom he received in good
faith the hazardous substance, to the effect that the hazardous substance
is not in misbranded packages within the meaning of the terms of the
chapter.
339-A:5 Enforcement; Regulations; Exceptions.
I. The department of health and welfare, division of public health
services is charged ^vith the enforcement of this chapter. All inspectors
and employees of said division, upon presenting appropriate credentials,
shall be permitted access, at reasonable times to any factory, warehouse,
or establishment in which hazardous substances are manufactured, proc-
essed, packed, or held for sale, or to enter any vehicle being used to
transport or hold such hazardous substances for purposes of inspection
for compliance with this chapter and to obtain samples if desired pro-
vided the value thereof is tendered to the manufacturer, distributor or
vendor.
II. The director may promulgate regulations declaring any sub-
stance or mixture of substances to be a hazardous substance which he
finds meets the requirements of subparagraph (a) of paragraph II of
section 2. He may promulgate regulations establishing such reasonable
variations or additional label requirements as may be found necessary
for the protection of the public health and safety, and any container of
such hazardous substance, intended or suitable for household use, which
fails to bear a label in accordance with such regulations shall be deemed
to be a misbranded package of a hazardous substance. The director shall
adopt all regulations relating to hazardous substances promulgated un-
der the Federal Act.
III. If the director finds, that because of the size of the package in-
volved or because of the minor hazard presented by the substance con-
tained therein, or for other good and sufficient reasons, failure to comply
with the labeling requirements otherwise applicable under this chapter
is impracticable or is not necessary for the adequate protection of the
70 Chapter 78 [1965
public health and safety, the director may promulgate regulations ex-
empting such substance from the requirements to the extent he deter-
mines to be consistent -^vith adequate protection to the public health. The
director may exempt from the requirements established by or pursuant
to this chapter any container of a hazardous substance with respect to
which he finds that adequate requirements satisfying the purposes of this
chapter have been established by or pursuant to any other state law or
regulations, promulgated under such law.
339-A:6 Authority to Embargo and Condemn. Any hazardous sub-
stance found in violation of this chapter may be subject to embargo and
condemnation in accord with the provisions of section 20, chapter 146,
RSA.
339-A:7 Penalty. Whoever violates any of the provisions of this
chapter or any regulations promulgated hereunder shall on conviction
thereof be fined not more than five hundred dollars, or imprisoned for
not more than one year, or both; but for offenses committed ^vith intent
to defraud or mislead, or for second and subsequent offenses he shall be
fined not more than three thousand dollars, or imprisoned for not more
than one year or both.
77:2 Repeal. RSA 339:51 relative to warning labels required on
container of caustic potash, caustic soda, oxalic acid, ammonia Avater, etc.,
is hereby repealed.
77:3 Takes Effect. This act shall take effect as of July 1, 1965.
[Approved May 6, 1965.]
[Effective date July 1, 1965.]
CHAPTER 78.
AN ACT RELATIVE TO MISBRANDING OF DRUGS CONTAINING NARCOTICS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
78:1 Misbranded Drugs. Amend RSA 146:6 as amended by 1961,
222:1 and 1963, 193:6 and 276:2 by inserting after paragraph III the
following new paragraph: IV. If it is for use by man and contains any
quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric
acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine,
codeine, heroin, marihuana, morphine, opium, paraldehyde, peyote, or
sulphonmethane, or any chemical derivative of such substance, which
derivative has been by the board after investigation found to be, and
by regulation designated as, habit-forming, unless its label bears the name
and quantity or proportion of such substance or derivative and in juxta-
position therewith the statement "Warning — May Be Habit Forming."
1965] Chapter 79 71
78:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved May 6, 1965.]
[Effective date July 5, 1965.]
CHAPTER 79.
AN ACT RELATIVE TO TRUSTEE PROCESS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
79:1 Trustee Process. Amend RSA 512:9-b (supp) as inserted by
1963, 321:1 by striking out said section and inserting in place thereof
the following: 512:9-b Bank Accounts. When a bank, trust company,
building and loan association, or similar corporation is named as trustee,
the trustee shall be summoned by service on an officer, person in charge,
teller, or office employee of such bank, trust company, building and loan
association, or similar corporation at its office if service is made during
banking hours, and if service is made at a time other than banking hours,
by serving on an officer of such bank, trust company, building and loan
association or similar corporation, and not otherwise. The trustee so
served shall not be chargeable for any goods, rights, or credits of the de-
fendant except as shall be in the hands of the trustee at the time of service.
79:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 6, 1965.]
[Effective date July 5, 1965.]
CHAPTER 80.
AN ACT RELATING TO COMPLAINTS ALLEGING SPEED VIOLATIONS.
Be it Enacted by the Seriate and House of Representatives in General
Court convened:
80:1 Summons. Amend paragraph 1 of RSA 262-A:60 (supp) as in-
serted by 1963, 330:1, by striking out the paragraph and inserting in place
thereof the following: 1. In every charge of violation of any speed regu-
lation in this chapter the complaint shall set forth the manner in which
the alleged speed was unreasonable and imprudent or shall specifiy the
speed at which the defendant is alleged to have driven and the prima
facie speed applicable within the district or at the location.
80:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 6, 1965.]
[Effective date July 5, 1965.]
72 Chapter 81 [1965
CHAPTER 81.
AN ACT ABATING INTEREST ON TAXES IF THE TAX BILLS ARE NOT
TIMELY SENT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
81:1 Interest Abated. Amend RS A 76:13 by striking out the section
and inserting in its place the following: 76:13 Interest. Interest at six
per cent shall be charged upon all taxes not paid on or before December
first after their assessment, which shall be collected from that date with
the taxes as incident thereto, except in the case where a tax bill is sent
to the taxpayer on or after November second and before November six-
teenth, interest shall not be charged on taxes paid on or before December
fifteenth and in case a tax bill is sent to the taxpayer on or after Novem-
ber sixteenth interest shall not be charged on taxes paid on or before
December thirtieth. The tax collector shall state on the tax bill the date
from which interest will be charged and such date shall be determined by
the day the collector sends out the last tax bill on his list. The collector
shall notify the tax commission in writing of the date on which the last
tax bill was sent.
81:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 6, 1965.]
[Effective date July 5, 1965.]
CHAPTER 82.
AN ACT TO INCREASE THE TIME WITHIN WHICH AN EXECUTION MAY BE
ISSUED AFTER JUDGMENT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
82:1 Increasing Time for Execution. Amend RSA 527:6 by inserting
at the end the following, provided, however, that when real property is
attached executions against such real property may be issued at any time
within six years after judgment rendered, so that said section as amended
shall read as follows: 527:6 Limitation of Issue, Executions may be is-
sued at any time within two years after judgment rendered, or after the
return day of the former execution, provided, however, that when real
property is attached executions against such real property may be issued
at any time within six years after judgment rendered.
82:2 Takes Effect. This act shall take effect sixty days after passage.
[Approved May 6, 1965.]
[Effective date July 5, 1965.]
1965] Chapter 83 73
CHAPTER 83.
AN ACT RELATIVE TO PENALTY FOR TAKING MOOSE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
83:1 Moose. Amend RSA chapter 208 by inserting after section 1
the following new section: 208: 1-a — Moose. No person shall, at any
time, willfully shoot, hunt, take, or have in his possession, any moose
or any part of the carcass thereof, taken in this state.
83:2 Penalties. Amend RSA 208:21, as amended by 1955, 62:3, by
inserting after the word "both" in line three the following, a person who
violates a provision of section 1-a hereof shall be fined not less than five
hundred dollars nor more than one thousand dollars, no part of which
fine shall be suspended, or imprisoned for not more than thirty days,
no part of which sentence shall be suspended, or both; so that said section
as amended shall read as follows: 208:21 Penalties. A person who vio-
lates a provision of section 1 or section 7 hereof shall be fined not more
than three hundred dollars or imprisoned for not more than thirty days,
or both; a person who violates a provision of section 1-a hereof shall be
fined not less than five hundred dollars nor more than one thousand dol-
lars, no part of which fine shall be suspended, or imprisoned for not more
than thirty days, no part of ^vhich sentence shall be suspended, or both;
a person Avho violates a provision of section 8, hereof, shall be fined not
more than five hundred dollars or imprisoned for not more than thirty
days, or both; a person who violates the remaining provisions of this
chapter shall be fined as follo^vs: for each violation of sections 2, 3, 4,
9-17, inclusive, not more than one hundred dollars, for each violation of
sections 18 and 20, not more than ten dollars and not more than five
dollars additional for each rabbit, hare, or gray squirrel taken, or pos-
sessed, contrary to the provisions thereof.
83:3 Revocation for Conviction. Amend RSA 214:19, as amended
by 1955, 62:2, by striking out in line one the word "may" and inserting
in place thereof the word, shall; further amend the section by inserting
after the word "years" in line eight thereof the following, or except for a
conviction under RSA 208: 1-a, in -which case the revocation may be for a
period not to exceed two years, so that said section as amended shall read
as follows: 214:19 Revocation for Conviction. The director shall revoke
the license of any person who has been found guilty in any court of a
violation of any provision of this title or any rule or regulation of the
director, or who has been found guilty in a municipal court of a viola-
tion of RSA 572:7, 12, and 13 prohibiting trespassing upon improved
land or destroying fences. Such revocation shall not continue for more
than one year from the date thereof, except for a conviction under RSA
208:8, in which case the revocation may be for a period not to exceed
74 Chapter 84 [1965
five years, or except for a conviction under RSA 208: 1-a, in which case
the revocation may be for a period not to exceed two years. The director
shall revoke the license of any person ^vho has been found guilty in any
court a second time within five years of the first finding of guilt, of a vio-
lation of any such \2l\vs or regulations, for a period of not less than one,
nor more than three years from the date of such finding or conviction.
83:4 Moose. Amend RSA 208:1 by striking out in line two thereof
the word "moose" so that said section as amended shall read as follows:
208:1 Protected. No person shall, at any time, hunt, take, or have in his
possession, any caribou, or elk, or any part of the carcass thereof, taken
in this state.
83:5 Takes Effect. This act shall take effect sixty days after its pas-«
sage.
[Approved May 6, 1965.]
[Effective date July 5, 1965.]
CHAPTER 84.
AN ACT TO INCREASE THE LIMIT OF INVESTMENTS OF A BANK IN ITS BANKING
BUILDING AND TO REMOVE MAXIMUM LIMITS OF CAPITAL STOCK.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
84:1 Investments. Amend RSA 392:37 by striking out the section
and inserting in its place the follo^ving: 392:37 Real Estate. Every such
corporation may acquire and hold real estate for its own use, in whole or
in part, but its investment in such real estate, exclusive of any real estate
which may be taken in good faith for debt or held as collateral security,
shall not exceed an amount equal to fifty per cent of the sum of its cap-
ital and surplus, except with the approval of the commissioner.
84:2 Limits of Capital Stock. Amend RSA 392:25 (supp) as amended
by 1961, 150:1 by striking out the words "in no event shall the capital
stock exceed five hundred thousand dollars" so that the section is amended
to read: 392:25 Limits: Shares. The capital stock of such corporation
shall be not less than fifty thousand dollars. In towns and cities of more
than six thousand inhabitants it shall be not less than one hundred thou-
sand dollars; and in those of more than fifty thousand inhabitants it shall
be not less than two hundred thousand dollars. It shall be divided into
shares of par value of not less than one dollar each.
84:3 Effective Date. This act takes effect sixty days after its passage.
[Approved May 11, 1965.]
[Effective date July 10, 1965.]
1965] Chapter 85 75
CHAPTER 85.
AN ACT RELATIVE TO INVESTMENTS OF BUILDING AND LOAN ASSOCIATIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
85:1 Investment In Industrial Development Corporations. Amend
RSA 393:27 as amended by 1961, 136 by inserting after paragraph VI
(supp) as inserted by 1961, 136:7 the following new paragraph: VII. In
bonds or stock of an industrial development corporation of any city, town,
or village located in this state, tiie aggregate so invested in any one in-
dustrial development corporation not to exceed one-tenth of one per cent
of its total share liabilities.
85:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved May 11, 1965.]
[Effective date July 10, 1965.]
CHAPTER 86.
AN ACT RELATING TO APPEALS FROM DISTRICT OR MUNICIPAL COURTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
86:1 Criminal Cases. Amend RSA 599:1, as amended by 1957,
244:38, by striking out the same and inserting in place thereof the fol-
lowing: 599:1 Appeals. A person sentenced for an offense, by a district
or municipal court may, at the time such sentence is declared, appeal
therefrom to the superior court, and said appeal shall be entered by the
appellant at the next return day unless for good cause shown the time
is extended by the superior court. In all criminal cases which are so ap-
pealed, or in which defendants are bound over, it shall be the duty of
the clerk of the superior court to transmit to the justice of the district or
municipal court, within ten days after such case is finally disposed of, a
certificate showing the final disposition of such case.
86:2 Bail. Amend RSA 597:6 by striking out the words "court or
justice" in the second line and inserting in place thereof the words, or
district court; and further amend the section by inserting after the words
"reasonable amount" in the third line the words, or personal recognizance,
so the section is amended to read as follows: 597:6 — For Appearance at
Superior Court. If the offense is bailable by the municipal or district
court the accused shall be ordered to recognize, with sufficient sureties,
in a reasonable amount or personal recognizance, for his appearance at
the superior court, at the next term thereof for the county at -^vhich a
76 Chapter 86 [1965
grand jury is required to attend, and to stand committed until the order
is complied with.
86:3 Records. Amend RSA 597:10, as amended by 1957, 71:2 and
1959, 19:1, by striking out the same and inserting in place thereof the
follo^ving: 597:10 Copies, on Appeal. In case of appeal the municipal
and district courts shall cause true and attested copies of the complaint,
other process, records and recognizances, together with any cash bail in
the case to be filed with the clerk of the superior court within ten days
after the date of such order for recognizance.
86:4 Filing With Clerk of Superior Court. Amend RSA 597:11 by
striking out said section and inserting in place thereof the following:
597:11 Copies, Binding Over. In case of order to recognize for appear-
ance before the superior court, the district or municipal court shall cause
true and attested copies of the complaint, other process, records and
recognizances, together with any cash bail in the case to be mailed or de-
livered to the clerk of the superior court of the county, within ten days
after the date of such order for recognizance. A true and attested copy
of the complaint or other process shall also be mailed or delivered to the
county attorney and the state probation office for the county within ten
days.
86:5 Recognizances. Amend RSA 597:22, as amended by 1959, 159:1,
by inserting after the \vord "municipal" in the first line the ^s^ords "or
district" so that said section as amended shall read as follows: 597:22 On
Binding Over. Whenever a municipal or district court commits or binds
over a person for his appearance at a term of the superior court he shall
take the recognizances of all necessary 'witnesses who appear before him,
in such sum as he may think reasonable, for their appearance at such
term of court. At any time thereafter the superior court may, upon a
showing that the testimony of any ^vitness is necessary before said court
in such case, take the recognizance of such witness in such sum as it may
deem reasonable for his appearance before said court.
86:6 Witness Neglect or Refusal. Amend RSA 597:23, as amended
by 1959, 159:2, by inserting after the word "superior" in the second and
third lines the word "district" so that said section as amended shall read
as follo\vs: 597:23 Commitment in Default of Recognizance. Whenever
a witness upon being ordered by the superior, district or municipal court
to recognize, neglects or refuses to do so, the superior, district or munici-
pal court may issue its warrant, and cause such witness to be committed
to jail until he comply with the order.
86:7 Fees. Amend RSA 502:50-a (supp) as inserted by 1959, 19:3,
by striking out the entire section and inserting in its place the following:
502:50-a Certificates, etc. For certificates or papers which he is author-
ized to make or certify for a litigant or person the clerk of a municipal
court shall receive the same fees as a clerk of the superior court.
1965] Chapter 87 77
86:8 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved May 11, 1965.]
[Effective date July 10, 1965.]
CHAPTER 87.
AN ACT RELATING TO PAYMENT OF VETERANS' BURIAL EXPENSES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
87:1 Change in Payee. Amend RSA 165:16, as amended by 1959,
77:1, by striking out in the fourteenth line the words "commander or
adjutant, selectmen or mayor" and inserting in place thereof the words,
funeral director in charge of burial, and by striking out in the nineteenth
and twentieth lines the words "said commander, adjutant, selectmen, city
council or mayor" and inserting in place thereof the ^vords, funeral di-
rector in charo^e of burial, so that said section as amended shall read as
follows: 165:16 Burial Expenses. Whenever any member or former
member of the armed forces of the United States, who served in any of
the following wars or armed conflicts, the Spanish War, Philippine In-
surrection, Boxer Rebellion, World War I or World War II, or Korean
Conflict, as defined in section 17, for a total period of ninety days (unless
sooner released from such service by reason of disability incurred in
service) and whose services were terminated under conditions other than
dishonorable, dies and the commander or adjutant of any recognized
veterans' organization of which he was a member, or the majority of the
selectmen of the town or the mayor of the city in which such veteran dies,
if he or she was not a member of such organization, shall certify under oath
to the state veterans' council that such veteran did not leave sufficient
estate to pay the expenses of his or her funeral, the governor shall draw
a warrant in favor of the finieral director in charge of burial, for a sum
not exceeding one hundred dollars to defray such burial expenses, pro-
vided that the total amount of the funeral expense does not exceed five
hundred dollars. Within one year from the time of burial of said veteran
an account, verified by vouchers, of the sums so spent for burial expenses
shall be sent to the state veterans' council by said funeral director in
charge of burial. Whoever neglects or refuses to furnish said account shall
be fined ten dollars.
87:2 Effective Date. This act takes effect sixty days after passage.
[Approved May 11, 1965.]
[Effective date July 10, 1965.]
78 Chapter 88 [1965
CHAPTER 88.
AN ACT TO PROVIDE AN ADDITIONAL PENALTY FOR FAILURE TO APPEAR
IN COURT AFTER RELEASE ON BAIL.
Be it Enacted by tlie Senate and House of Representatives in General
Court convened:
88:1 Bail. Amend RSA 597 by adding a new section after section
14 to read as follows: 597:14-a Failure to Appear; Punishment. Any
person charged with a crime punishable by imprisonment who, having
been released on bail or on his own recognizance, wilfully fails to appear
as required before the court of this state having jurisdiction, shall be
liable to a punishment of not more than one-half of that which may be
inflicted for the commission of the crime in connection with which he
has been held to bail, but not more than five years imprisonment. A sen-
tence of imprisonment under this section shall not be concurrent with
any other sentence then being served or thereafter imposed upon such
person, unless expressly made so by the court imposing sentence. Neither
the penalty provided by this section or any prosecution under this sec-
tion shall interfere with or prevent the forfeiture of any bail or the exer-
cise by the court of its power to punish for contempt, but this section shall
be construed to provide an additional penalty for failure to appear.
88:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 11, 1965.]
[Effective date July 10, 1965.]
CHAPTER 89.
AN ACT RELATIVE TO POLICE AUTHORITY OF THE DIRECTOR OF
AERONAUTICS AND HIS FIELD ASSISTANTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
89:1 Aeronautics Laws. Amend RSA 422 by inserting after section
14 the follo^ving new section: 422:14-a Additional Powers. The director
and his field assistants when engaged in the discharge of their duties,
shall have, in any part of the state, the same authority to make arrests for
violation of the statutes relating to aeronautics and to enforce such
statutes, rules and regulations of the commission as other laAv enforce-
ment officers have in their respective jurisdictions. The commission shall
issue credentials to the director and each assistant certifying the police
authority authorized herein and said credentials shall be carried upon
the person of the director and assistants while in the discharge of their
duties hereunder. The director and his field assistants do not become
eligible to belong to the policeman's retirement system under RSA 103
1965] Chapter 90 79
by reason of this section.
89:2 Takes Effect. This act shall take effect sixty days after its
passage.
[Approved May 14, 1965.]
[Effective date July 13, 1965.]
CHAPTER 90.
AN ACT RELATIVE TO THE RIGHT OF PUBLIC UTILITIES TO ENTER
UPON LAND.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
90:1 Public Utilities. Amend RSA 371 by adding after section 2
the following new section: 371:2-a Right to Enter. When ownership of
land, upon or over which a public utility desires to erect facilities, can-
not be ascertained without entry to do survey work, or, a public utility
shall have filed a petition under section 1 of this chapter with respect to
a particular tract of land, in either case a public utility shall have the
right to enter upon such land, for the purpose of surveying and making
such other investigation as is necessary to determine the locations of the
boundaries of such land and of the facilities it desires to erect thereon
or thereover, and to determine the title to, description of, or nature of
such land. A public utility desiring to enter land in pursuance of this
section shall make every reasonable effort to notify the owner or probable
owner or owners thereof of its desire to enter for the purposes aforesaid
prior to entry. The public utility shall pay the owner or owners of any
land it shall enter in pursuance of the provisions of this section for any
actual damage done upon entry.
90:2 Effective Date. This act shall take effect upon its passage.
[Approved May 14, 1965.]
[Effective date May 14, 1965.]
CHAPTER 91.
AN ACT PROVIDING FOR AN INCREASE IN THE AMOUNT OF THE GUARANTY
FUND REQUIRED OF CREDIT UNIONS AS A PREREQUISITE
TO THE PAYMENT OF DIVIDENDS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
91:1 Credit Unions. Amend RSA 394:38 by striking out the words
"ten per cent" and inserting in place thereof the words, twelve per cent
80 Chapter 92 [1965
for the fiscal year ending June 30, 1966, fourteen per cent for the fiscal
year ending June 30, 1967, fifteen per cent for the fiscal year ending
June 30, 1968, and fifteen per cent for every year thereafter, so that the
section is amended to read as follows: 394:38 Establishment of Guaranty
Fund. Before the payment of any annual or semi-annual dividend in
any years there shall be set apart as a guaranty fund, twelve per cent for
the fiscal year ending June 30, 1966, fourteen per cent for the fiscal year
ending June 30, 1967, fifteen per cent for the fiscal year ending June 30,
1968, and fifteen per cent for every year thereafter, of the net income
which has accumulated during the dividend period, except as hereinafter
provided. Said fund and the investments thereof shall belong to the
union and shall be held to meet the contingencies or losses in its busi-
ness. All entrance fees shall be added at once to the guaranty fund.
91:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 14, 1965.]
[Effective date July 13, 1965.]
CHAPTER 92.
AN ACT TO AUTHORIZE BANKS TO INVEST IN SERVICE CORPORATIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
92:1 Authority Granted. Amend RSA 384 by inserting after section
16-a (supp), as inserted by 1961, 248:3, the following new section: 384:16-
b Service Organizations. Any bank, trust company, savings bank and
trust company, loan and banking company, commercial bank, mutual
savings bank, guaranty savings bank, building and loan association, or
cooperative bank which is chartered as such by this state, may purchase
the capital stock or obligations or may otherwise invest or participate in
or utilize the service of any organization operated primarily for the pur-
pose of performing necessary clearing, bookkeeping, statistical, and related
services for such a financial institution, which services would otherwise
necessarily be performed by the individual institution. Notwithstanding
any contrary provision of law relating to investments by such a financial
institution, any such financial institution may at any time have outstand-
ing investments in such a service organization not exceeding ten per cent
of its capital funds as defined in RSA 387: 1, IV at such time.
92:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 14, 1965.]
[Effective date July 13, 1965.]
1965] Chapter 93 81
CHAPTER 93.
AN ACT RELATIVE TO HUNTING WITH MUZZLE-LOADERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
93:1 Hunting with Muzzle-Loaders. Amend RSA 208:5-a, as in-
serted by 1963, 315, by striking out the same and inserting in place there-
of the following: 208:5-a Muzzle-Loaders. A person who has complied
with the licensing requirements relative to hunting deer pursuant to
RSA chapter 214, as amended, upon payment of a fee of three dollars by
residents or a fee of four dollars by non-residents shall be issued a special
license. Said special license shall entitle the holder to hunt deer with a
muzzle-loading rifle or musket, of not less than .40 caliber, on the Friday,
Saturday, and Sunday immediately prior to the opening date for the tak-
ing of deer as provided for by section 2 of this chapter, as now or here-
after amended.
93:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved May 14, 1965.]
[Effective date July 13, 1965.]
CHAPTER 94.
AN ACT TO RECLASSIFY A CLASS V HIGHWAY IN THE TOWN OF WALPOLE TO
A CLASS II HIGHWAY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
94:1 Class V Highway in Walpole. After the effective date of this
act the 0.16 miles of Class V highway in the town of Walpole known as
South Street, from its junction ^vith River Road to its junction with Main
Street, is classified as a Class II highway.
94:2 Takes Effect. This act takes effect sixty days after its passage.
[Approved May 18, 1965.]
[Effective date July 17, 1965.]
CHAPTER 95.
AN ACT TO INCREASE THE PENALTY FOR AGGRAVATED ASSAULT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
95:1 Assault. Amend RSA 585:22 by striking out the words "five
hundred" and inserting in their place the words, one thousand, and
82 Chapter 96 [1965
further amend the section by striking out the word "three" and inserting
in its place the word, ten, so the section is amended to read as follows:
585:22 — Aggravated. If the offense is of an aggravated nature, the of-
fender shall be fined not more than one thousand dollars, or imprisoned
not more than ten years, or both.
95:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 18, 1965.]
[Effective date July 17, 1965.]
CHAPTER 96.
AN ACT TO MAKE IT UNLAWFUL FOR ANY PERSON TO RESIST ARREST OR
TO INTERFERE WITH A CONSERVATION OFFICER IN THE
PERFORMANCE OF HIS DUTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
96:1 Powers of Conservation Officers. Amend RSA 206 by inserting
a ne^v' section after section 26 as follows: 206:26-a Interference with
Conservation Officer. It is unlawful to resist or attempt to resist arrest
by a conservation officer, or to obstruct or attempt to obstruct, or to in-
timidate or interfere with a conservation officer in the performance of his
duty. Any person who violates any provision of this section shall be fined
not less than two hundred dollars nor more than five hundred dollars, or
be imprisoned for not more than six months, or both.
96:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 18, 1965.]
[Effective date July 17, 1965]
CHAPTER 97.
AN ACT TO AUTHORIZE THE ISSUANCE OF JURY VENIRES DURING
SESSION OF COURT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
97:1 Jurors. Amend RSA 500:19 by striking out the section and
inserting in its place the following: 500:19 Forthwith Venires. At any
time after twenty-five days before the beginning of any term, the clerk
of the superior court, if he deems it necessary for any reason to obtain
a full and adequate array, may issue venires with notice forthwith of the
1965] Chapter 98 83
time and place o£ drawing and to the jurors dra^vn. Jurors so dra^vai shall
attend the court as directed in the venire.
97:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 18, 1965.]
[Effective date July 17, 1965.]
CHAPTER 98.
AN ACT GIVING MEMBERS OF THE NATIONAL GUARD LIMITED AUTHORITY TO
ARREST PERSONS WHILE IN ACTIVE STATE SERVICE ORDERED BY THE
GOVERNOR IN CASE OF RIOT OR BREACH OF PEACE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
98:1 Arrests in Criminal Cases. Amend RSA 594:1 by adding after
the word "watchman" the following, member of the national guard acting
under orders while in active state service ordered by the governor under
RSA 110-A:6, so that the section is amended to read as follows: 594:1
Definitions. As used in this chapter:
"Arrest" is the taking of a person into custody in order that he may
be forthcoming to answer for the commission of a crime.
"Felony" is any crime that may be punished by death or imprison-
ment in the state prison. Other crimes are "misdemeanors."
"Officer" or "Peace officer" is any sheriff or deputy sheriff, mayor or
city marshal, constable, police officer or watchman, member of the na-
tional guard acting under orders while in active state service ordered by
the governor under RSA 110-A:6, or other person authorized to make
arrests in a criminal case.
98:2 The Militia. Amend RSA 110-A:6 as inserted by 1957, 147:1
by inserting after the words "or imminent danger thereof" the words, or
for the safety of the inhabitants of the state, so that the section is amended
to read as follows: 110- A: 6 Ordering National Guard into Active State
Service.
I. The governor shall have power, in case of invasion, disaster, in-
surrection, riot, breach of the peace, resistance to process of this state, or
imminent danger thereof, or for the safety of the inhabitants of the state,
to order into the active service of the state for such period, to such ex-
tent and in such manner as he may deem necessary all or any part of the
national guard. Such power shall include the power to order the
national guard or any part thereof to function under the operational con-
trol of the United States army, navy or air force commander in charge
84 Chapter 99 [1965
of the defense of any area within the state which is invaded or attacked
or is or may be threatened ^vith invasion or attack.
98:3 Effective Date. This act takes effect sixty days after its passage.
[Approved May 18, 1965.]
[Effective date July 17, 1965.]
CHAPTER 99.
AN ACT PROVIDING FOR AN ADDITIONAL APPROPRIATION FOR EXPENSES OF
THE LEGISLATURE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
99:1 Supplemental Appropriation. The sum of two hundred seven-
ty-five thousand dollars is hereby appropriated for the fiscal year ending
June 30, 1965, for expenses of the legislature. This appropriation shall
be in addition to any other sums appropriated for the legislature, shall
not lapse and shall not be transferred to any department, institution or
account. The sum hereby appropriated shall be a charge on the general
fund.
99:2 Takes Effect. This act shall take effect upon its passage.
[Approved May 18, 1965.]
[Effective date May 18, 1965.]
CHAPTER 100.
AN ACT RELATIVE TO LARCENY OF RENTED MOTOR VEHICLES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
100:1 Larceny. Amend RSA 582 by inserting after section 15 (supp),
as inserted by 1957, 81:1, the following new section: 582:16 Rented
Motor Vehicles or Trailers. Any person to whom a motor vehicle, semi-
trailer, or trailer is delivered on a rental or lease basis under any agree-
ment in writing providing for its return to a particular place at a par-
ticular time who refuses or wilfully neglects to return such vehicle or
trailer, after the expiration of the time stated in a notice in -^vriting proved
to have been duly mailed by registered mail addressed to the last known
address of the person who rented or leased the motor vehicle, semi-
trailer, or trailer is guilty of larceny.
100:2 Takes Effect. This act shall take effect upon its passage.
[Approved May 18, 1965.]
[Effective date May 18, 1965.]
1965] Chapter 101 85
CHAPTER 101.
AN ACT RELATING TO FEES IN THE SUPERIOR COURT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
101:1 Copies. Amend RSA 499 by inserting after section 18 (supp)
as amended by 1963, 219:1 the following new section: 499:18-a Reduced
Fees for Copies of Bills in Equity. When more than five copies of an
entry of a bill in equity with orders of notice are required, the fee for
each additional copy shall be fifty cents.
101:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 18, 1965.]
[Effective date July 17, 1965.]
CHAPTER 102.
AN ACT TO CHANGE THE LAW REGULATING MEETINGS OF CREDIT UNIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
102:1 Meetings. Amend RSA 394:8 by striking out the word "thirty"
and inserting in place thereof the word, sixty, so that the section is
amended to read as follows: 394:8 Annual. The annual meeting of the
corporation shall be held at such time and place as the by-laws prescribe,
but must be held within sixty days after the close of the fiscal year.
102:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 18, 1965.]
[Effective date July 17, 1965.]
CHAPTER 103.
AN ACT INCREASING THE PER DIEM RATE OF MEMBERS OF THE BOARD OF
CHIROPRACTIC EXAMINERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
103:1 Chiropractic Examiners. Amend RSA 316:7 by striking out
the words "ten dollars" and inserting in their place the words, twenty
dollars, so that the section is amended to read as follows: 316:7 Compen-
sation. They shall receive twenty dollars each, for every day actually
86 Chapter 104 [1965
spent in the discharge of their duties, and their necessary expenses; pro-
vided, that the amounts so paid shall not exceed the amount received by
the treasurer from said board.
103:2 Effective Date. This act takes effect on passage.
[Approved May 20, 1965.]
[Effective date May 20, 1965.]
CHAPTER 104.
AN ACT TO PROVIDE ASSISTANCE FOR FAMILIES AND BUSINESSES DISPLACED
BY HIGHWAY CONSTRUCTION OR RECONSTRUCTION PROJECTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
104:1 Relocation Assistance. Amend RSA 233 by adding after sec-
tion 26 the folloAving new sections: 233:27 Relocation Payments. Sub-
ject to the approval of the governor and council, the commissioner of
public works and highways is authorized, within the limits of available
funds and appropriations, to make relocation payments to eligible persons
for their reasonable and necessary moving expenses caused by their dis-
placement from real property acquired for the construction of a federal-
aid or state highway project.
233:28 — Amount of Assistance, (a) Relocation payments author-
ized under RSA 233:27-30 shall be made pursuant to the rules and regu-
lations prescribed by the commissioner of public works and highways.
(b) The commissioner of public works and highways shall establish
the amount of relocations payments, which may not exceed two hundred
dollars in the case of an individual or a family, nor three thousand dollars
in the case of a business concern (including the operation of a farm), or
a nonprofit organization.
(c) In the case of a business (including the operation of a farm),
and in the case of a nonprofit organization, the allowable expenses for
transportation under RSA 233:27-30 may not exceed the cost of moving
fifty miles from the point from which the business or organization is be-
ing displaced.
(d) The rules and regulations of the commissioner of public works
and highways may include provisions authorizing reimbursements for
payments made to individuals and families of fixed amounts (not to ex-
ceed two hundred dollars in any case) in lieu of their respective reasonable
and necessary moving expenses.
(e) Any payment made under this section as reimbursement shall
be made as a payment separate from any damages paid to the eligible
person.
1965] Chapter 105 87
233:29 — Term Defined. As used in RSA 233:27-28, the term "elig-
ible person" means any individual, family, business concern (including
the operation of a farm), and nonprofit organization, that has occupied,
either as the owner or as a tenant, the real property acquired or to be
acquired for a federal-aid or state highway project for at least sixty days
prior to the date the commissioner of public works and highways gives
written notice to the owner of record that the property is to be acquired
for a federal-aid or state highway project, if the commissioner of public
works and highways finds that the individual, family, business concern
(including the operation of a farm) or nonprofit organization is within
the class of persons intended to be eligible to receive assistance for dis-
placed families and businesses under the "Federal Aid Highway Act of
1962."
233:30 — Application. RSA 233:27-30 apply only with respect to
federal-aid and state highway projects for which real property is acquired
after the date of enactment of this section.
104:2 Effective Date. This act takes effect sixty days after its pas-
sage.
[Approved May 20, 1965.]
[Effective date July 19, 1965.]
CHAPTER 105.
AN ACT RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND THE
NEW HAMPSHIRE WATER RESOURCES BOARD.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
105:1 Water Conservation Projects. Amend RSA 481 by inserting
after section 8 the follo^ving new section: 481:8-a Municipal Obligations.
The obligations of a political subdivision consisting of a municipality as
defined in RSA 33:1 in a contract with the corporation under this chap-
ter shall be binding on sucli municipality to the same extent as other
debts lawfully contracted by it and said municipality shall annually ap-
propriate a sum which together with any other funds available therefor
shall be sufficient to pay such obligations, provided, however, no such
obligation shall at any time be deemed indebtedness of such municipality
for the purpose of ascertaining its borrowing capacity under the provi-
sions of RSA 33:5-a or any other limitation upon its borrowing capacity.
105:2 Effective Date. This act shall take effect upon its passage;
[Approved May 20, 1965.]
[Effective date May 20, 1965.]
88 Chapter 106 [1965
CHAPTER 106.
AN ACT AUTHORIZING THE DEPARTMENT OF EDUCATION TO PARTICIPATE IN
FEDERAL PROGRAM FOR CIVIL DEFENSE ADULT EDUCATION.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
106:1 Chdl Defense Adult Education. Amend RSA by inserting
after chapter 107 the following new chapter:
Chapter 107-A
Civil Defense Adult Education Program
107-A: 1 Department of Education. The state department of educa-
tion is hereby authorized to participate in the Civil Defense Adult Edu-
cation Program created with the authority of the United States Depart-
ment of Defense and the United States Office of Education.
107-A:2 Federal Sources. The state board of education is designated
as the agency to receive federal funds for the civil defense adult educa-
tion program.
107-A: 3 Special Fund. There is hereby created in the state treasury
a special fund to be known as the civil defense adult education fund.
All monies granted to the state by the United States of America for the
civil defense adult education program shall be deposited in this fund,
and the money shall be continuously available to the state board of edu-
cation for expenditure for the purposes authorized by the appropriate
federal agencies, without lapse or transfer to any other state fund. All
monies granted to the state by the United States of America and deposited
in this fund shall be accounted for separately but may be comingled Avith
state funds. If required by the terms of the grant from the United States
of America, any unused portion of the grant may be returned to the fed-
eral government at the end of a fiscal period. The state treasurer is hereby
designated as custodian of the fund and he is liable on his official bond
for the faithful performance of his duties in connection with the fund.
106:2 Effective Date. This act takes effect July 1, 1965.
[Approved May 20, 1965.]
[Effective date July 1, 1965.]
CHAPTER 107.
AN ACT RELATIVE TO THE BOARD OF TRUSTEES OF THE UNIVERSITY OF
NEW HAMPSHIRE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
107:1 Board Increased. Amend RSA 187:5 as amended by 1963,
303:3 by striking out in line nine the word "two" and inserting in place
1965] Chapter 107 89
thereof the word, four; further amend said section by inserting in line
twelve after the word "state" the following, provided however that no
such trustee may be elected to more than two successive terms, so that
said section as amended shall read as follows: 187:5 Of Colleges and
University. The general government of the New Hampshire College of
Agriculture and the Mechanic Arts, of the University of New Hampshire,
of the Plymouth State College and of the Keene State College is hereby
vested in a single board of trustees composed as follows: The governor
of the state, the commissioner of agriculture, the commissioner of educa-
tion, the president of the university, the president of the Plymouth state
college and the president of Keene state college, ex officiis; twelve trustees
appointed by the governor with the advice and consent of the council
for terms of four years as hereinafter provided, four trustees elected by
the alumni of the New Hampshire college of agriculture and the me-
chanic arts and University of New Hampshire, one of whom shall be a
resident of this state, provided however that no such trustee may be
elected to more than two successive terms, one trustee elected by the
alumni of Keene state college (formerly Keene teachers college) and one
trustee elected by the alumni of Plymouth state college (formerly Ply-
mouth teachers college). Such election shall be in such manner as the
board may prescribe. On the expiration of any term, the governor shall
appoint the successors of the appointive trustees and the alumni of the
respective institutions shall elect the successors of the elective trustees
for a four-year term ending on the thirtieth day of June. Vacancies shall
be filled in like manner for any unexpired term. At all times two mem-
bers of said board shall be farmers. The trustees may be men or women
and both major political parties shall be represented. Twelve members
shall constitute a quorum for the transaction of business, but not less
than fourteen affirmative votes shall be required to elect a president of
a college or of the university. Members shall receive no compensation
for their services but shall be reimbursed for expenses reasonably in-
curred by them in the performance of their duties. Each member shall
hold office until his successor is appointed and qualified. The board shall
meet at such times and places as it may determine, but at least one meet-
ing each year shall be held at Keene state college and at Plymouth state
college. The chairman shall call special meetings upon the written re-
quest of any five members or on his own motion. The board shall elect
its own chairman annually.
107:2 Original Terms of the Two Additional Trustees. The two
additional trustees provided for by section 1 of this act shall be originally
elected by the alumni at a time to be set by the board of trustees of the
New Hampshire college of agriculture and the mechanic arts and Uni-
versity of New Hampshire, one for a term expiring June 30, 1966 and
the other for a term expiring June 30, 1969 and their successors shall be
elected thereafter for regular four-year terms.
90 Chapter 108 [1965
107:3 Takes Effect. This act shall take effect July 1, 1965.
[Approved May 20, 1965.]
[Effective date July 1, 1965.]
CHAPTER 108.
AN ACT RELATING TO DISQUALIFICATION OF A SCHOOL BOARD MEMBER FOR
CONFLICT OF INTEREST.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
108:1 School Board. Amend RSA 197:16 by inserting after the word
"teacher" in the fifth line the words, or custodian, so that the section is
amended to read: 197:16 Eligibility. No person shall be eligible to any
school district office unless he is a voter in the district. No person holding
office as a member of a school board shall at the same time act as district
treasurer or auditor, nor shall any member of a school board be employed
as a teacher or custodian in his district.
108:2 Effective Date. This act takes effect July 1, 1965.
[Approved May 20, 1965.]
[Effective date July 1, 1965.]
CHAPTER 109.
AN ACT RELATING TO EARLY LAND ACQUISITION BY HOUSING AUTHORITIES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
109:1 Acquisition and Disposition of Real Property. Amend RSA
205 by inserting after section 4-a as inserted by 1959, 49:1 the following-
new section: 205:4-b Early Acquisition and Disposition of Real Prop-
erty. An authority may, with the approval of the governing body (or
agency designated by it or empowered by law so to act) of the munici-
pality in which the real property lies, and prior to the approval of a
redevelopment plan for a redevelopment project including such real
property, (1) acquire any real property constituting the ^vhole or any part
or parts of any area which it has determined to be an area necessary for
its purposes under this chapter, as amended, and for which it is prepar-
ing a redevelopment plan for a redevelopment project and clear the areas
so acquired, and (2) dispose of said real property at any time after acquisi-
tion in the manner provided in section 5 of this chapter and subject to
the provisions of any redevelopment plan which may later be approved
for the area of any redevelopment project including such real property.
For the acquisition and disposition of any such real property an authority
1965] Chapter 110 91
shall have all the rights, powers, privileges and immunities that are
granted to the authority in this chapter with respect to any real property
included in a redevelopment project for which a redevelopment plan has
been approved as provided in section 4 of this chapter.
109:2 Housing Authorities. Amend RSA 203:23 by inserting at the
end thereof the following new paragraph. XIII. Any municipality may
agree to bear any loss incurred as a result of the acquisition of real prop-
erty which is later not used for redevelopment purposes because a rede-
velopment plan for a redevelopment project including such real property
is not approved by the governing body (or agency designated by it or
empowered by law so to act) or is amended to omit such real property or
is abandoned for any reason and funds to meet any such loss may be pro-
vided as set forth in paragraph XII hereof and as provided in RSA 203:25.
109:3 Takes Effect. This act shall take effect upon its passage.
[Approved May 20, 1965.]
[Effective date May 20, 1965.]
CHAPTER 110.
AN ACT RELATIVE TO SCHOOL BOARDS PURCHASING ACCIDENT OR INJURY
INSURANCE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
110:1 School Boards Authorized to Purchase Accident or Injury In-
surance. Amend RSA 189:15 by inserting in line three after the word
"schools" the following, and may purchase, at the expense of the district,
accident or injury insurance covering all students while participating in
any school activity or may make such insurance available at the option
and expense of the parent or guardian of each student, so that said sec-
tion as amended shall read as follows: 189:15 Regulations. The school
board may, subject to the supervision of the state board, prescribe regu-
lations for the attendance upon, and for the management, classification
and discipline of, the schools; and may purchase, at the expense of the
district, accident or injury insurance covering all students while partici-
pating in any school activity or may make such insurance available at
the option and expense of the parent or guardian of each student; and
such regulations, when recorded by the district clerk, and when a copy
thereof has been given to the teachers and read in the schools, shall be
binding upon pupils and teachers.
110:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved May 20, 1965.]
[Effective date July 19, 1965.]
92 Chapter 111 [1965
CHAPTER 111.
AN ACT PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A SPECIAL
HEAD TAX FOR STATE PURPOSES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
111:1 Special Head Tax. There is hereby levied and assessed in
1965 and 1966 for the use of the state a special head tax of five dollars
upon each and every resident of the state, as defined herein, over twenty-
one and under seventy years of age.
111:2 Resident Defined. The word "resident" as used herein means
a person, whether a citizen or an alien, except paupers and insane persons,
^vho has resided in this state for at least six months next preceding the
date of each assessment of the head tax hereunder.
111:3 Time of Payment. The head tax shall be assessed upon June
1, 1965, and April 1, 1966, and payable upon demand on or after each of
said dates.
111:4 Collection. The selectmen of towns and assessors of cities shall
on or before July 1, 1965 and June 1, 1966 make a list of all head taxes
by them assessed against residents of their respective towns and cities and
commit the list together with a warrant under their hands and seals to
the collector of taxes for such town or city directing the collector to col-
lect the head taxes on or before December first next following and to
keep the head taxes in a special account, and monthly, or oftener, to pay
the head taxes over to the town or city treasurer as the taxes are collected.
Upon receipt of the original head tax warrant in each year the collector
shall forthwith certify to the state treasurer, upon a form prescribed and
provided by the state treasurer, the total amount of the taxes received.
Upon application by the assessors the tax commission for good cause may
extend the time for delivery of the head tax warrant.
111:5 Penalty. There shall be added to any special head tax not paid
in full on or before December first following the assessment of the head
tax the sum of fifty cents which shall be collected with the tax as incident
to the head tax.
111:6 Remedies for Collection. The special head taxes may be col-
lected by all of the means and methods provided in RSA 80 and the pro-
visions of RSA 214:10 and RSA 260:4-6 as amended by 1955, 39:1, 2,
50:17, 125:1 and 1957, 13:1, 2 shall apply to the special head tax assessed
under this act.
111:7 Husband Liable. A husband shall be liable for the payment
of the special head tax assessed against his wife, if, when it was assessed,
they were living together.
1965] Chapter 111 93
111:8 Liability of Cities and Towns. Each town and city shall be
liable to the state for all special head taxes lawfully assessed in such town
or city.
111:9 Payment to State. On or before the fifteenth day of the months
of September, December, March, and June, each town and city shall
cause its tax collector to certify such information as the state treasurer
shall require, and shall cause its treasurer to pay over to the state treas-
urer all special head taxes and penalties collected during the preceding
three months after first deducting ten per cent of the head taxes collected.
Such deduction shall be for the use of the town or city to offset all expenses
incurred in the assessment and collection of the special head taxes. How-
ever, in towns ^vhere the collector of taxes is paid on a part time or com-
mission basis not less than thirty per cent of the sum so deducted shall
be paid to the collector for his services in collecting the head taxes. If
any to^vn or city shall fail to make its payment 'vvhen due, the deduction
of the ten per cent to be retained by it shall be reduced by one quarter
of one per cent for each week or part thereof the payment is overdue.
111:10 Final Payment. Each town and city shall cause its treasurer
on the fifteenth day of June in the year following the assessment to pay
to the state treasurer an amount equal to all uncollected head taxes for
which the city or town is then liable, less the ten per cent deduction. How-
ever, the total deduction retained from all payments to the state treasurer
shall not exceed ten per cent of the total amount of the original warrant,
less the amount of all laAvful abatements certified to the state treasurer.
If the payment is not made as provided in this section the state treasurer
shall Tvithhold the amount of any head taxes and penalties due to the
state for which the town or city may be liable, from any amounts payable
by the state to the city or town failing to make the payments of head taxes.
The state treasurer shall not pay to any city or town any amounts that
may be due to it from the state until all payments of head taxes then due
have been paid to him.
111:11 Extents. The state treasurer shall also issue his extent for
the amounts of all head taxes and penalties which have been collected
and not remitted by any town or city as provided in this act.
111:12 Abatements. Selectmen and assessors may abate any special
head tax assessed against persons not subject to the tax as provided in
sections 1 and 2 of this chapter, and upon Avritten application, may abate
the head tax when it appears that the payment of the tax ^vould impose
an undue hardship upon the applicant. The selectmen and assessors may
abate the head tax after all methods of collection provided by law have
proved ineffective. They shall make a Avritten record of all abatements
made by them and certify the names, addresses and precise reasons for all
abatements made because of undue hardship and inability to collect the
same to the tax commission for re\'ie\v. If, upon revie^v, the tax commis-
94 Chapter 111 [1965
sion decides that the abatement should not have been made it shall dis-
alloAv the abatement and upon notice thereof the town shall pay to the
state the amount of all abatements so disallo^ved.
111:13 Supplementary Bond of Collector. Whenever the tax com-
mission considers it necessary, a collector of taxes or town manager may
be required to furnish a further and additional bond beyond that re-
quired by other provisions of law, with sureties, in such form and amount
as the commission may approve. The premiums shall be paid by the state.
111:14 Supplies, Bills and Postage. The tax commission shall pro-
\ide each city and town, without charge, printed tax bills, envelopes,
postage, or postal cards, and other supplies, to be used in assessing and
collecting the special head taxes and in keeping the necessary records re-
lating thereto. It may reimburse any city or town in which it seems more
practicable and advisable for the city or town to obtain its own supplies,
materials and postage, for the cost thereof, if the purchase of such sup-
plies, materials and postage by city or town has been previously approved
by the tax commission. The expenses incurred or reimbursements au-
thorized by the tax commission under this section and for supplemental
bonds required under section 13 of this act shall be a charge against the
funds collected by the state under these provisions.
111:15 Exemptions. All persons on active duty in the armed forces
of the United States of America on the date of assessment shall be exempt
from payment of the special head tax. Veterans totally and permanently
disabled from service connection who are drawing federal compensation
or pension and whose income, exclusive of said compensation or pension,
is less than one thousand dollars a year, upon written request filed on or
before June 15, 1965 and April 15, 1966 shall be exempt from the special
head tax.
111:16 Disposition of Taxes. All funds received by the state treas-
urer under the provisions hereof, less costs of collection as provided in
sections 9 and 14, shall be deposited in the general funds of the state.
111:17 Refund of Tax Paid. If it appears that a person has paid a
head tax for which he was not liable and the tax has been paid to the state
treasurer by the town or city where it was collected, the state treasurer,
after investigation by the tax commission, upon order of the tax commis-
sion, shall pay to the person who paid the tax the amount of the tax paid,
provided application therefor is made to the tax commission on or before
June thirtieth in the year next following the date of assessment.
111:18 Application of Statutes. No person obtaining an abatement
under section 12 of this act shall for that action be precluded from voting
under section 1 of chapter 54 RSA.
1965] Chapter 112 95
111:19 Takes Effect. This act shall take effect as of June 1, 1965.
[Approved May 28, 1965.]
[Effective date June 1, 1965.]
CHAPTER 112.
AN ACT TO AMEND THE AREA SCHOOL PLAN AND THE LAW RELATING TO THE
SCHOOL BUILDING AUTHORITY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
112:1 Tuition. Amend paragraph IX of RSA 195-A:1 as inserted
by 1963, 277:1 by striking out the paragraph and inserting in its place the
following: IX. "Tuition" shall mean the sum of money which each send-
ing district is obligated to pay to the receiving district to defray the cost
of education of each of its resident pupils, for a school year, at the area
school in the receiving district to which such pupils are assigned and it
may be subdivided into elementary school tuition, junior high school
tuition, high school tuition, or any other reasonable combination of
grades, and shall be fixed as provided in section 3 of this chapter. Tuition
shall include an annual rental charge per pupil.
112:2 Rental Charge. Amend paragraph X of RSA 195-A:1 as in-
serted by 1963, 277:1 by striking out the paragraph and inserting in its
place the folloAving: X. "Annual rental charge per pupil" shall mean
that additional payment included in tuition as defined in paragraph IX
which represents a fair charge for building occupancy. It may also include
a fair charge for any debt service and reduction of principal, -which may
become due between date of bond issue and date of building occupancy.
112:3 Plan. Amend paragraph V, RSA 195-A:3 as inserted by 1963,
277:1 by striking out the paragraph and inserting in its place the follow-
ing: V. An area school planning board may recommend that there be
established an authorized regional enrollment area plan for elementary
or secondary schools, or both, or any other reasonable combination of
grades, composed of all the school districts represented by its membership
or any specified combination thereof. The planning board shall prepare
a written plan for the proposed regional enrollment area, which shall be
signed by at least a majority of the membership of such board, Avhich shall
set forth the following: (a) the name or names of each area school or
schools proposed, and the receiving district or districts in which such
school or schools shall be located; (b) the sending districts or portions
thereof which, together with the receiving district, shall form the region
which each area school or schools shall serve; (c) the grades for which each
area school or schools shall be responsible (which may include a com-
96 Chapter 112 [1965
bination of elementary and secondary grades or any other reasonable
classication); (d) the formula for calculation of tuition; (e) the manner
in Avhich any form of state aid shall be allocated, unless otherwise ex-
pressly provided by law; (f) the existing school buildings in the several
school districts which shall be discontinued; (g) the existing school build-
ings in the receiving district which shall be designated as an area school
or schools including any existing buildings to be initially enlarged; (h)
the proposed new area school building or buildings to be initially con-
structed in the receiving district and the initial location of same; (i) the
estimated initial enrollment in each area school from each of the sending
districts and from the receiving district; (j) the proposed date or dates of
operating responsibility of each planned area school, which date may be
subsequently postponed by the state board upon petition of a receiving or
sending district, in the event of unforeseen circumstances or for good cause
shoAvn; (k) the scheduled date or dates during each year upon which tui-
tion payments shall be made by the sending districts to the receiving dis-
tricts and whether the tuition shall be payable in instalments of a given
percentage, or in a lump sum; (1) procedure for improvement or changes
in curriculum and other school programs and services; (m) the method,
time, and manner in which the plan may be amended, subject to state
board approval, where not incompatible with law; (n) any other matters,
not incompatible with law, which the area school planning board may
consider appropriate to include in such written plan.
112:4 Approval. Amend paragraph VI of RSA 195-A:3 as inserted
by 1963, 277:1 by striking out the paragraph and inserting in its place
the following: VI. Before finally agreeing upon a proposed regional plan,
the area school planning committee shall hold at least one public hearing
thereon within the proposed region and shall give such notice thereof as
it shall determine to be reasonable. An executed copy of the proposed
plan shall be submitted by such planning board to the state board, and
when the state board finds that such plan is in accord with the provisions
of section 2 and of paragraph V of this section and is otherwise lawful and
feasible, it shall approve the same and cause it to be submitted to the
school boards of the several school districts included in the plan for ac-
ceptance by these school districts as provided in the following paragraph.
The planning board may amend a proposed regional plan to conform to
recommendations of the state board without holding further public hear-
ings thereon.
112:5 Construction. Amend RSA 195-A:7 as inserted by 1963, 277:1
by striking out the section and inserting in its place the following: 195-
A:7 Construction of Area Schools. The construction of an area school
building, including construction of additions or alterations of existing
buildings, the required new construction of such facilities during the life
of the plan, the equipment thereof, and necessary land acquisition there-
for, shall be the responsibility of the receiving district but it must, at all
1965] Chapter 112 97
times, provide facilities of sufficient capacity to meet the estimated edu-
cational needs of the receiving and sending districts together. A receiving
district may borrow money for such purposes as provided in RSA 33 as
amended. However, in calculating whether it is within its debt limit,
there shall be charged thereto an amount no greater than its proportionate
share of any such required capital outlay, which shall be the proportion
which its then estimated enrollment in the area school, to be constructed
or enlarged, bears to the then estimated total enrollment therein, as de-
termined by order of the state board. The total amount of such bond or
serial note issue shall be general obligations of the receiving district, fully
secured by its powers of taxation. Upon application of the school board
of the receiving district, that amount of such bond or serial note issue,
which is in excess of the proportionate share of the receiving district as
determined by the state board, shall be eligible for state guarantee, either
on a declining balance basis or as a separate issue fully guaranteed, as the
governor and council may decide, in accordance with RSA 195-B. The
school board of the receiving district, without vote of the district, shall
apply all tuition payments received from sending districts in each year
first to the payment of the currently scheduled, or any past due, annual
installments of principal or interest on that amount of such bond or serial
note issue which is guaranteed by the state; and only after adequate pro-
vision has been made therefor may any portion of such revenue be used
for other purposes.
112:6 Repeal. RSA 195-A:8 as inserted by 1963, 277:1 is repealed.
112:7 Elimination of Restriction. Amend paragraph II of RSA
195-A:I0 as inserted by 1963, 277:1 by striking out the paragraph and
inserting in its place the following:
II. As of June thirtieth in each year, the state board shall cause to
be computed the amount of annual grants to be paid to eligible receiving
districts for use as provided in area plans approved hereunder, in the suc-
ceeding fiscal year, based upon average daily memberships from sending
districts in the preceding fiscal year. If, in any year, the amount appro-
priated for distribution hereunder is insufficient therefor, the available
appropriation shall be apportioned proportionately among the receiving
districts entitled to such grant. Any available appropriations not fully
distributed in the first year of any biennium may be distributed in the
second year if required to meet the formula established in the preceding
paragraph.
112:8 Enlargement. Amend paragraph I of RSA 195-A:12 as inserted
by 1963, 277:1 by striking out the paragraph and inserting in its place
the following:
I. The school board of a school district located in proximity to an
authorized regional enrollment area, which did not join the plan when
98 Chapter 112 [1965
it was initially established, may petition the school board of the receiving
district of such area to join the area plan. Thereupon it shall be the duty
of the H\o school boards to engage in a joint study of the advisability
thereof. The t^vo school boards acting jointly shall have all the powers
of an area school planning board as provided in section 3 and may pre-
pare and sign a ^nitten plan which shall contain such of the provisions re-
quired by paragraph V of section 3, as may be applicable.
112:9 Goshen-Lempster Cooperative District. The Goshen-Lemp-
ster Cooperati\'e School District is hereby declared to be an eligible send-
ing district under RSA 195-A as amended. If it joins an area plan as pro-
vided in RSA 195-A, all state aid thereafter payable on account thereof
shall be calculated as if the pre-existing school districts of Goshen and
Lempster were still in existence as separate districts for such purpose.
112:10 Amherst-Milford Area Plan. I. The Plan for the Amherst-
Milford Authorized Regional Enrollment Area, as accepted by the School
Districts of Milford and Amherst at special meetings held November 21,
1964, and the acts and proceedings of each of such special meetings are
hereby legalized, ratified and confirmed. The amendments to RSA 195-
A:1-IX and X made by this act shall not apply to the Plan for the Am-
herst-Milford Authorized Regional Enrollment Area, which shall con-
tinue to be governed by such paragraphs IX and X as if they had not
been amended. The school board of the School District of Milford is
hereby authorized to issue bonds or serial notes of the District in the full
amount of the appropriation authorized by the District under article 2
of the warrant for such special meeting of November 21, 1964, as pro-
vided by RSA 33 as amended; but the entire amount of such bond or
note issue which exceeds the proportionate share of the School District of
Milford, as determined by the state board, shall be eligible for state guar-
antee, upon application of the school board, as provided in chapter 195-B.
The provisions of RSA 195-A: 7 as amended by this act, shall apply to
such bond issue.
11. The Plan for the Amherst-Milford Authorized Regional Enroll-
ment Area may be amended, if such amendment conforms to law, in the
following manner: The school boards of the districts, acting as a joint
board, may submit any such amendment, which has been approved in
writing by a majority of each such board, to the state board of education
for approval. When such amendment has been approved by the state
board, as conforming to the standards of RSA 195-A: 3-VI, it shall be the
duty of each school board to submit such amendment to the voters of
each school district at a duly warned, annual or special meeting thereof.
Upon approval of such amendment by a majority of those present and
voting at each district meeting, the amendment shall take effect.
112:11 Abolition of School Building Authority as a Corporation.
Amend RSA 195-B as inserted by 1963, 277:1 by striking out said chapter
and inserting in its place the following:
1965] Chapter 112 99
Chapter 195-B
State Guarantee
195-B: 1 School Building Authority. I. There shall be a school build-
ing authority of five members consisting of the chairman of the state board
of education, the commissioner of education and three other members
appointed by the governor, with the advice and consent of the council,
for terms of three years and until their successors are elected and qualify;
provided however that the three appointive directors of the New Hamp-
shire School Building Authority, heretofore appointed by the governor
and council, are hereby constituted the appointive members of the school
building authority hereby created, for the remainder of the respective
terms for which they were appointed as such directors. The governor shall
designate one of said members as chairman. The state treasurer shall
serve as fiscal advisor to such authority, without vote. It shall be the duty
of the authority to consider and investigate all application of receiving
districts under area school plans (RSA 195-A) and of cooperative school
districts (RSA 195) for the granting of state guarantees to bond or serial
note issues of such school districts for school construction, enlargement
or alterations, and to make a written report and recommendation thereon
to the governor and council. Such guarantee may be favorably recom-
mended if the authority finds that the construction project for which the
bonds or notes to be issued, will be of public use and benefit, and that the
amount of the bond or note issue to be guaranteed appears to be within
the financial means and available resources of the school district applying
for such guarantee, considering all available sources of revenue. The au-
thority may make reasonable procedural rules and regulations and pre-
scribe forms to be used in its proceedings.
II. Members of the school building authority, except the commis-
sioner of education, shall receive as compensation for their services, while
actually engaged in the business of the authority, the sum of eight dollars
per day plus their necessary travel and subsistence expenses. In case of
vacancy among the appointive members of the authority, the governor
with the advice and consent of the coimcil, shall fill the same for the un-
expired term.
195-B:2 Limit of Guarantee. In the case of a receiving district under
an area school plan, the state guarantee may apply, on a declining balance
basis, only to that portion of the bond or serial note issue which exceeds
the proportionate share of the receiving district as determined by the
state board of education under RSA 195-A:7. In the case of a cooperative
school district, the state Guarantee may apply, on a declining balance
basis, only to bonds or serial notes in amount not exceeding fifty percent,
of the cost of the project as determined by the school building authority.
195-B: 3 Separate Bond Issue. If it appears more advantageous to
the public interest not to use the declining-balance mode of guarantee.
100 Chapter 113 [1965
the state guarantee may be extended in full to that portion of the bond or
serial note issue of the receiving district which exceeds its proportionate
share as thus determined; and in such event the fully guaranteed portion
of such bond or note issue shall be a separate and distinct issue. The de-
termination of which mode of guarantee to apply, shall be made by the
governor and council upon recommendation of the school building au-
thority.
195-B:4 State Guarantee. Subject to the limits of section 2, the gov-
ernor and council are authorized in the name of the State of New Hamp-
shire, upon favorable recommendation by the school building authority,
to guarantee unconditionally, but at no time in excess of the total aggre-
gate sum for the entire state of ten million dollars, the payment of the
principal of and interest on bond or serial note issues of receiving districts
under area school plans or of cooperative school districts, for projects
for school construction, enlargement, alteration, land acquisition and
equipment thereof; and the full faith and credit of the state are pledged
for any such guarantee. The outstanding amount of principal and in-
terest on such bonds and notes, the payment of which has been guaran-
teed by the state under this section, shall at no time exceed the amount
of ten million dollars. The state's guarantee shall be endorsed on such
bonds or notes by the state treasurer. In the event of default in payment
of any such bonds or notes, the state may recover any losses suffered by
it as provided in RSA 530.
195-B:5 Application to Pending Issues. The provisions of this chap-
ter shall apply to bond or serial note issues which have been authorized
by cooperative school districts or receiving districts prior to the effective
date of this act but which have not been issued or sold prior thereto.
112:12 Transfer of Appropriation. Appropriations or unexpended
balances thereof for the New Hampshire School Building Authority for
the fiscal years ending June 30, 1965, 1966 and 1967, are hereby trans-
ferred to the school building authority established by this act.
112:13 Effective Date. This act takes effect upon its passage.
[Approved May 28, 1965.]
[Effective date May 28, 1965.]
CHAPTER 113.
AN ACT RELATING TO VERIFICATION OF SAVINGS ACCOUNTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
113:1 Savings Accounts. Amend RSA 386:21 (supp), as inserted by
1957, 258:2 and amended by 1959, 245:1, by striking out the section and
1965] Chapter 114 101
inserting in its place the following: 386:21 Verification. At least once
in every five years every savings bank, cooperative bank, and building and
loan association shall, at its own expense, to such extent and in such man-
ner as the commissioner shall prescribe, cause to be conducted a verifica-
tion of substantially all individual deposit books or due books of share-
holders Avith the books of the bank or association and a trial balance made
of the depositors' ledgers of such bank or association. In conducting any
such verification the second notice to those depositors who failed to re-
spond to the first notice may be dispensed with on accounts having a bal-
ance of less than fifty dollars.
113:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 114.
AN ACT RELATING TO THE POWERS OF BANKS AND OTHER LIKE INSTITUTIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
114:1 Elimination of Conflict with Federal Regulations. Amend
RSA 384:16-a (supp), as inserted by 1961, 248:3, by striking out the section
and inserting in its place the following: 384:16-a Real Estate. Any insti-
tution described in section 1 of this chapter may hold and lease real estate
acquired in payment of a pre-existing debt owed to the institution, by
foreclosure of mortgage or otherwise.
114:2 Pledges of Joint Savings Accounts. Amend RSA 384:35 (supp)
as amended by 1961, 136:2 by striking out the section and inserting in its
place the following: 384:35 Pledge of Savings Account in Joint Tenancy.
The pledge of any savings account held in joint tenancy or of any joint
savings account of the type described in RSA 384:28 and 386:19, when
made in writing by any one of the co-depositors or co-owners having the
authority to make withdrawals from such account, shall, unless the terms
of the savings account provide specifically to the contrary, be a valid
pledge and transfer of so much or all of such savings account as may be
necessary to secure the collateral obligation for which it is pledged, but
such pledge shall not operate to destroy the joint and survivorship char-
acter of that portion of such account which is not encumbered by the
pledge or Avhich may subsequently be redeemed therefrom. This section
shall apply to savings accounts maintained in any institution described in
section 1 hereof, or in any federally-chartered institution of like nature
having a place of business in this state. This section shall in no way affect
the provisions of section 8 and 9, chapter 86, RSA, relative to the in-
heritance tax.
102 Chapter 115 [1965
114:3 Pledges by Minors. Amend RSA 386:18 by striking out the
section and inserting in its place the following: 386:18 Minors. Savings
banks and other institutions for savings may pay to minors the deposits
to their credit as if they Avere of age, and their receipts shall be sufficient
discharges for the same, A minor shall have the power of a person of law-
ful age to pledge any type of savings account maintained in a savings
bank or other institution for savings, of which account such minor is
owner or co-owner, in order to secure a collateral obligation not exceed-
ino[ the amount of such account.
114:4 Minors and Special Notice Accounts. Amend RSA 386:46
(supp), as inserted by 1961, 195:1, by striking out the section and inserting
in its place the following: 386:46 Withdrawals. No such corporation
shall permit the whole or any part of such deposits or any ordinary, extra
or additional dividend declared thereon to be withdrawn, in whole or in
part, except in accordance with the terms of such agreements, which shall
be binding on minors as well as persons of lawful age. Provided however,
that such a deposit may be paid to the administrator or executor of a de-
ceased depositor, lawfully entitled thereto, without a prior written with-
dra^val notice of ninety days or more, but in such event no extra or addi-
tional dividend shall be paid on such deposit for the dividend period in
which it is withdrawn.
1 14:5 Effective Date. This act takes effect sixty days after its passage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 115.
AN ACT AUTHORIZING INVESTMENT OF RETIREMENT FUNDS IN COOPERATIVE
BANKS, BUILDING AND LOAN ASSOCIATIONS, AND SAVINGS BANKS.
Be it Enacted by the Senate arid House of Representatives in General
Court convened:
115:1 Teachers' Retirement System. Amend paragraph I of RSA
192:11, by striking out the paragraph and inserting in its place the fol-
lowing: 1. The members of the board of trustees shall be the trustees of
the several funds created hereby, and shall have full power to invest and
reinvest such funds, subject to all the terms, conditions, limitations, and
restrictions, imposed by the laws of the state of New Hampshire upon
domestic life insurance companies in the making and disposing of their
investments, and further may invest and reinvest such funds in shares of
cooperative banks and building and loan associations existing under the
laws of this state and of federal savings and loan associations located in
this state, and may make deposits in savings banks or trust companies
existino: under the laws of this state or in national banks located in this
1965] Chapter 115 103
state; and subject to like terms, conditions, limitations, and restrictions,
said trustees shall have full power to hold, purchase, sell, assign, transfer,
and dispose of any of the securities and investments in which any of the
funds created hereby have been invested, as well as the proceeds of such
investments. The board of trustees shall have authority to hire invest-
ment counsel. The state treasurer shall be the custodian of the several
funds of the retirement system.
115:2 State Employees' Retirement System. Amend paragraph I of
RSA 100:13, by striking out the paragraph and inserting in its place the
following: I. The members of the board of trustees shall be the trustees
of the several funds created hereby, and shall have full power to invest
and reinvest such funds, subject to all the terms, conditions, limitations
and restrictions imposed by the laws of the state of New Hampshire upon
domestic life insurance companies in the making and disposing of their
investments, and further may invest and reinvest such funds in shares of
cooperative banks and building and loan associations existing under the
laws of this state and of federal savings and loan associations located in
this state, and may make deposits in savings banks or trust companies
existino- under the laws of this state or in national banks located in this
o
state; and subject to like terms, conditions, limitations and restrictions,
said trustees shall have full power to hold, purchase, sell, assign, transfer
and dispose of any of the securities and investments in which any of the
funds created hereby have been invested, as well as the proceeds of such
investments. The state treasurer shall be the custodian of the several funds
of the retirement system.
115:3 Firemen's Retirement System. Amend paragraph I of RSA
102:12 by striking out the paragraph and inserting in its place the follow-
ing: I. The fiscal year shall begin on July 1. All moneys collected by the
board hereunder shall be forthwith remitted to the state treasurer, who
shall act as custodian of the retirement fund. With the exception of such
moneys as may be required for current disbursement, the state treasurer
shall invest and reinvest the retirement fund in accordance with the laws
governing the investments of savings banks, and further may invest and
reinvest such funds in shares of cooperative banks and building and loan
associations existing under the laws of this state, and of federal savings
and loan associations located in this state, and may make deposits in sav-
ings banks or trust companies existing under the laws of this state or in
national banks located in this state.
115:4 Policemen's Retirement System. Amend paragraph I of RSA
103:11, by striking out the paragraph and inserting in its place the follow-
ing: I. All moneys collected by the board hereunder shall be forthwith
remitted to the state treasurer who shall act as custodian of the retirement
fund. Donations to the retirement fund may be accepted by the state
treasurer. With the exception of such moneys as may be required for cur-
104 Chapter 116 [1965
rent disbursement, the state treasurer shall invest and reinvest the retire-
ment funds in accordance with the laws governing the investments of
savings banks, and further may invest and reinvest such funds in shares
of cooperative banks and building and loan associations existing under
the laws of this state and of federal savings and loan associations located
in this state, and may make deposits in savings banks or trust companies
existins: under the laws of this state or in national banks located in this
state. The fiscal year of the board shall begin July first, unless otherwise
established by the board.
115:5 Effective Date. This act takes effect sixty days after its passage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 116.
AN ACT RELATING TO PRELIMINARY EXAMINATIONS IN CRIMINAL CASES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
116:1 Procedure Established. Amend RSA by inserting after chapter
596 the following new chapter:
Chapter 596-A
Preliminary Examinations
596-A: 1 Adjournments. When an accused person is brought before a
district or municipal court, upon a warrant or complaint, for trial or
preliminary examination, the proceedings may be adjourned for cause,
from time to time, as shall be adjudged reasonable, and the accused may
be detained in custody, or required to recognize, with or without sureties,
for his appearance, as the nature of the case may require.
596-A:2 Record. Every district or municipal court may cause a ^vrit-
ten transcript to be made of the testimony given at a preliminary exam-
ination, in any case where the magnitude of the offense or the special
circumstances of the case may seem to require it.
596-A: 3 Caution to Accused. The district or municipal court shall
cause the complaint to be read to the accused, shall inform him of his right
to retain counsel and of his right to have a preliminary examination. The
court shall also inform the accused that he is not required to make a state-
ment or to testify, but that any statement or testimony given by him may
be used against him. The court shall allow the accused reasonable time
and opportunity to consult counsel including an adjournment as pro-
vided in section 1 if necessary.
1965] Chapter 117 105
596-A:4 Procedure. The accused shall not be called upon to plead,
if the offense is beyond the jurisdiction of the court to decide. If the ac-
cused waives preliminary examination thereof, the court shall hold him
to appear in superior court as provided in section 7. If the accused does
not waive preliminary examination, the court shall hear the evidence
within a reasonable time. The accused may cross-examine the witnesses
against him and may introduce evidence in his own behalf.
596-A:5 Testimony of Accused. If the accused elects to be examined
himself he shall be sworn, but it shall always be a sufficient answer that
he declines to answer the question; and if at any time he declines to an-
swer further his examination shall cease.
596-A:6 Excluding Witnesses. Any of the witnesses for or against
the accused may be excluded from the place of examination, and be kept
separate and apart from each other during the examination of other wit-
nesses.
596-A:7 Commitment and Bail. If from the evidence it appears to
the court that there is probable cause to believe that an offense has been
committed, which is beyond the jurisdiction of the court to try, and that
the accused committed it, or if the accused waives preliminary examina-
tion thereof, the court shall hold the accused to appear in superior court
as provided in RSA 502-A:13 or RSA 592-A:4; otherwise, if no probable
cause appears, the accused shall be discharged from custody. If bound
over, unless the offense is bailable only by the superior court as provided
in RSA 597:4, the accused may be admitted to bail by the court as pro-
vided in RSA 597 but where the offense is bailable only by the superior
court, the accused shall be committed by warrant to a county jail pending
further proceedings in superior court.
116:2 Repeal. RSA 596, relating to examinations, is hereby repealed.
116:3 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 117.
AN ACT RELATIVE TO ADVERTISING OF ALCOHOLIC BEVERAGES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
117:1 Advertising. Amend RSA 175:10, as amended by 1959, 91:1,
by inserting in line four after the word "broadcasting" the words, sports
films, and travelogs, so that said section as amended shall read as follows:
106 Chapter 118 [1965
175:10 Advertising. All advertising of liquor or beverages within the
state is hereby prohibited, except as specifically authorized by the com-
mission, provided that advertising through the medium of newspapers,
magazines, periodicals, television and radio broadcasting, sports films,
and travelogs shall not be prohibited but shall be subject to the regula-
tions of the commission, and provided further that all advertising of
liquor and beverages within the state through the medium of billboards
is prohibited.
117:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 118.
AN ACT RELATING TO THE TIME WITHIN WHICH ACTIONS FOR INJURY MUST
BE BROUGHT AGAINST PERSONS WHO PERFORMED OR FURNISHED THE
DESIGN, PLANNING, SUPERVISION OR CONSTRUCTION OF
AN IMPROVEMENT ON REAL PROPERTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
118:1 Limiting Time for Actions Resulting from Construction.
Amend RSA 508 by inserting after 508:4-a (supp), as inserted by 1955,
220:1, the following new section: 508:4-b Damages fromi Construction.
No action to recover damages for injury to property, real or personal, or
for an injury to the person, or for bodily injury or wrongful death, aris-
ing out of any deficiency in the design, planning, supervision or observa-
tion of construction, or construction of an improvement to real property,
nor any action for contribution or indemnity for damages sustained on
account of such injury, may be brought against any person performing or
furnishing the design, planning, supervision of construction or construc-
tion of such improvement to real property more than six years after the
performance or furnishing of such services and construction. This limita-
tion shall not apply to any person in actual possession and control as
owner, tenant or otherwise of the improvement at the time the defective
and unsafe condition of such improvement constitutes the proximate
cause of the injury for which it is proposed to bring an action.
118:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
1965] Chapter 119 107
CHAPTER 119.
AN ACT RELATING TO CONVEYANCES AND OTHER TRANSFERS OF BUILDINGS
ON LAND OF ANOTHER.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
119:1 Real Estate. Amend RSA 477 by adding at the end thereof
the following new subdivision:
Buildings on Land of Another
477:44 Effect. Buildings situated on land not belonging to the
owners of the buildings shall be deemed real estate for the purposes of
transfer, whether voluntary or involuntary, and shall be conveyed, mort-
gaged or leased, and shall be subjected to attachment, other liens, fore-
closure, and execution, in the same manner and with the same formality
as real estate.
119:2 Repeal. RSA 382-A:9-401 (c) as inserted by 1959, 247:1 is
hereby repealed. Such repeal shall not affect the validity or enforcement
of any security interest in any such buildings heretofore created under
said repealed paragraph, but no continuation statement need be filed as
provided in RSA 382-A: 9-403 in order to preserve the effectiveness of such
security interest.
119:3 Effective Date. This act takes effect sixty days after its passage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 120.
AN ACT PROVIDING FOR THE FORFEITURE OF LIQUOR FOUND IN THE
POSSESSION OF A MINOR.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
120:1 Forfeiture. Amend RSA 175:8-a, as inserted by 1959, 157:1,
by adding at the end thereof the following: Any minor convicted of un-
lawful possession of liquor or alcoholic beverages shall forfeit the same,
and it shall be disposed of as the court directs. The proceeds, if any, shall
be paid into the treasury of the county wherein the proceedings were de-
termined, so that said section as amended shall read as follows: 175:8-a
Unlawful Possession. A minor who has in his possession any liquor or
alcoholic beverage shall be fined not more than fifty dollars. Any minor
convicted of unlawful possession of liquor or alcoholic beverages shall
forfeit the same, and it shall be disposed of as the court directs. The pro-
108 Chapter 121 [1965
ceeds, if any, shall be paid into the treasury of the county wherein the
proceedings Avere determined.
120:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 121.
AN ACT RELATIVE TO PETITION FOR MARRIAGE LICENSE BY NON-RESIDENT
UNDER AGE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
121:1 Non-resident. Amend RSA 457:6 by inserting after the word
"state" in the second line the words, or the marriage of a person who is a
non-resident in this state who applies for permission to marry a resident
in this state, and further amend the section by striking out the words
"within the state" in lines five and six, so the section is amended to read
as follows: 457:6 Petition by Party Under Age. If special cause exists
rendering desirable the marriage of a person resident in this state, or the
marriage of a person who is a non-resident in this state who applies for
permission to marry a resident in this state, below the age of consent and
above the ages specified in section 4, the parties desiring to contract such
marriage, with the parent or guardian having the custody of such party
below such age, if there be such parent or guardian, may apply in writing
to a justice of the superior court, or to the judge of probate of the county
in which one of them who is below such age resides, for permission to
contract such marriage.
121:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 122.
AN ACT RELATING TO COERCION IN PLACING INSURANCE ON REAL AND
PERSONAL PROPERTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
122:1 Unfair Insurance Trade Practices. Amend paragraph (9) of
RSA 417:4 by striking out the paragraph and inserting in its place the
1965] Chapter 123 109
following: (9) Coercion in Requiring Insurance, (a) No creditor or
lender engaged in the business of financing the purchase of real or per-
sonal property or of lending money on the security of real or personal
property may require, as a condition to such financing or lending, or as
a condition to the renewal or extension of any such loan or to the per-
formance of any other act in connection with such financing or lending,
that the purchaser or borrower, or his successors, shall negotiate through
a particular insurance company or companies, insurance agent or agents,
broker or brokers, type of company or types of companies, any policy of
insurance or renewal of a policy insuring such property. This provision
does not prevent the exercise by any mortgagee of his right to approve
on a reasonable non-discriminatory basis only insurance companies au-
thorized to do business in this state, selected by the borrower.
(b) There shall be no interference either directly or indirectly with
such borrower's, debtor's, or purchaser's free choice of an agent and of
an insurer which complies with the foregoing requirements, and the
creditor or lender may not refuse the policy so tendered by the borrower,
debtor or purchaser. Upon notice of any refusal of such tendered policy,
the insurance commissioner shall order the creditor or lender to accept
the tendered policy, if the commissioner determines that the refusal is
not in accordance with the foregoing requirements of this subparagraph.
Failure to comply with such an order of the insurance commissioner is a
violation of this section.
(c) Whenever the instrument requires that the purchaser, mort-
gagor, or borrower furnish insurance of any kind on real property being
conveyed or that is collateral security to a loan, the mortgagee or lender
shall refrain from disclosing or using any and all such insurance informa-
tion to his or its own advantage and to the detriment of either the bor-
rower, purchaser, mortgagor, insurance company, or agency complying
with the requirements relating to insurance.
122:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 123.
AN ACT RELATING TO THE ESTABLISHMENT OF CONTINGENCY FUNDS FOR
UNITS OF MUNICIPAL GOVERNMENT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
123:1 Towns. Amend RSA 31 by inserting after section 97 (supp)
as inserted by 1957, 287:4 the following new section: 31:98 Contingency
Fund. Every town annually by an article in the warrant may establish a
110 Chapter 123 [1965
contingency fund to meet the cost of unanticipated expenses that may
arise during the year. Such fund shall not exceed one per cent of the
amount appropriated by the town for town purposes during the preced-
ing year excluding capital expenditures and the amortization of debt.
A detailed report of all expenditures from the contingency fund shall be
made annually by the selectmen and published with their report.
123:2 Cities. Amend RSA 44 by adding after section 44:10 the fol-
lowing ne^\^ section: 44:10-a Contingency Fund. Every city, by its coun-
cil, may establish a contingency fund to meet the cost of unanticipated
expenses that may arise during the year. Such fund shall not exceed one
per cent of the amount expended by the city for city purposes, exclusive
of school department costs, capital expenditures and amortization of debt
during the preceding year. A detailed report of all expenditures from
the contingency fund shall be made annually by the treasurer and pub-
lished in his report.
123:3 Village Districts. Amend RSA 52 by adding after section 52:4
the following new section: 52:4-a Contingency Fund. Every village dis-
trict annually by an article in the warrant may establish a contingency
fund to meet the cost of unanticipated expenses that may arise during
the year. Such fund shall not exceed one per cent of the amount appro-
priated exclusive of capital expenditures and amortization of debt by such
village district during the preceding year. A detailed report of all ex-
penditures from the contingency fund shall be made annually by the
commissioners and published with their report.
123:4 School Districts. Amend RSA 198 by inserting after section
4-a as amended by 1963, 120:6 the following new section: 198:4-b Con-
tingency Fund. Every school district annually by an article in the Avarrant,
and the governing body of a city upon recommendation of the school
board, when the operation of the schools is by a department of the city,
may establish a contingency fimd to meet the cost of unanticipated ex-
penses that may arise during the year. Such fund shall not exceed one
per cent of the amount appropriated for school purposes, exclusive of
capital expenditures and amortization of debt, during the preceding year.
A detailed report of all expenditures from the contingency fund shall be
made annually by the school board and published with their report.
123:5 Takes Effect. This act shall take effect sixty days after passage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
1965] Chapter 124 111
CHAPTER 124.
AN ACT RELATING TO THE TIME WITHIN WHICH THE INVOICE ASSESSMENT
RECORD SHALL BE PREPARED.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
124:1 Invoice Assessment Records. Amend RSA 76:7 by striking
out the section and inserting in its place the following: 76:7 Record of
Invoices and Taxes. A fair record shall be made of every invoice taken
by the selectmen, and of all taxes by them assessed, in a book of records
of the doings of the selectmen in their office, which shall be the property
of the town. The selectmen shall leave a copy of the record with the town
clerk within thirty days after the tax rate has been approved by the tax
commission, or the original invoice and assessment shall be so left and
recorded by the clerk. Both records shall be open to the inspection of all
persons. The invoice record shall contain: (1) the information required
under RSA 75:4; (2) the record of real estate which shall include the name
of the owner, if known; the number of the lot and range, if lotted; other-
wise, such description as the land may readily be known by; and the num-
ber of acres, if known; and (3) the amount of taxes assessed on all property
assessed.
124:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 125.
AN ACT RELATING TO IDENTIFICATION OF PURCHASERS OF REAL ESTATE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
125:1 Mailing Address Required, Amend RSA 477:3 by inserting
after the word "commissioner" in the fourth line the words, show the
mailing address of the grantee, so the section as amended shall read as
follows: 477:3 Execution; Record. Every deed or other conveyance of
real estate shall be signed and sealed by the party granting the same, at-
tested by one or more witnesses, acknowledged by the grantor before a
justice, notary public or commissioner, show the mailing address of the
grantee, and shall be recorded at length in the registry of deeds in the
county in which the land lies.
125:2 Warranty Form Corrected. Amend the form of warranty deed
in RSA 477:27 by striking out the same and inserting in place thereof
the following:
112 Chapter 125 [1965
(Form for warranty deed)
, of , County, State of
, for consideration paid, grant to , of
Street, Town (City) of , County, State of
, with warranty covenants, the
(Description of land or interest being conveyed:
incumbrances, exceptions, reservations, if any)
, (wife) (husband) of said grantor, release to said grantee
all rights of (dower) (curtesy) and homestead and other interests therein.
Witness hand and seal this day of ,
19
Witness:
(Here add acknowledgment)
125:3 Quitclaim Form Corrected. Amend the form of quitclaim
deed in RSA 477:28 by striking out the same and inserting in place there-
of the following:
(Form for quitclaim deed)
, of , County, State
, for consideration paid, grant to
, of Street, Town (City) of
, County, State of
, with quitclaim covenants, the
(Description of land or interest therein being conveyed:
incumbrances, exceptions, reservations, if any)
, (wife) (husband) of said grantor, release to said grantee all
rights of (dower) (curtesy) and homestead and other interests therein.
Witness hand and seal this day of ,
19
Witness:
(Here add acknowledgment)
125:4 Mortgage Form Corrected. Amend the form of mortgage deed
in RSA 477:29 by striking out the same and inserting in place thereof the
following:
(Form for mortgage deed, with power of sale)
of , County, State of
for consideration paid, grant to of Street, Town
(City) of , County, State of ,
with mortgage covenants, to secure the payments of dollars,
with per cent interest payable semiannually and also perform
all the agreements and conditions as provided in note of even
date, the
(Description of land or interest therein being conveyed:
incumbrances, reservations, exceptions, if any)
This mortgage is upon the statutory conditions, for any breach of which
the mortgagee shall have the statutory power of sale.
1965] Chapter 125 113
, (wife) (husband) of said mortgagor, release all rights of
(dower) (curtesy) and homestead and other interests in the mortgaged
premises.
Witness hand and seal this day of ,
19
Witness:
(Here add acknowledgment)
125:5 Fiduciary Form Corrected. Amend the form of fiduciary deed
in RSA 477:30 by striking out the same and inserting in place the follow-
ing:
(Form for fiduciary deed)
of County, State of , executor under
the "will (administrator of the estate)
(trustee under the will) (guardian) (conservator) (receiver of the estate)
(commissioner) of
of , by the power conferred by and every other power,
for dollars paid, grant to , of Street,
Town (City) of , County, State of the
(Insert description of land or interest therein being conveyed: incum-
brances, reservations, exceptions)
Witness hand and seal this day of ,
19
Witness:
(Here add acknowledgment)
125:6 Foreclosure Form Corrected. Amend the first paragraph of
RSA 477:31 by striking out the same and inserting in place thereof the
following:
Where a mortgage is foreclosed under a statutory power of sale, the
mortgagee may give a deed to the purchaser, whether the purchaser be a
stranger or the mortgagee, in the following form:
of , County, State of ,
holder of a mortgage from to dated ,
recorded in Registry of Deeds, Vol. , Page ,
by the power conferred by said mortgage and every other power, for
dollars paid, grant to of Street, Town
(City) of , County, State of ,
the premises conveyed by said mortgage.
Witness hand and seal this day of ,
19
Witness:
(Here add acknowledgment)
125:7 Omission or Error. Amend RSA 477 by inserting after section
32 the following new section: 477:32-a Error or Omission of Mailing
Address. Any error in or omission of mailing address of grantee or mort-
114 Chapter 126 [1965
gagee in the deed, mortgage or other conveyance, required by any provi-
sion of this chapter, shall not affect in any way the validity or effectiveness
of such deed, mortgage or other conveyance of real estate.
125:8 Effective Date. Tliis act takes effect January 1, 1966.
[Approved May 28, 1965.]
[Effective date January 1, 1966.]
CHAPTER 126.
AN ACT RELATIVE TO AIRPORT MANAGERS.
Be it Enacted by the Sejiate and House of Representatives in General
Court convened:
126:1 Aeronautics Law. Amend RSA 422:22 by adding after the
"\vord "cliapter" the words, other than unattended private non-commercial
landing strips, so that the section is amended to read as follows: 422:22
Ail-port Manager. The operation of any landing area licensed or regis-
tered under the provisions of this chapter other than unattended private
non-commercial landing strips shall be under the supervision and control
of an airport manager and his authorized representatives approved by the
commission. Said airport manager and his authorized representatives shall
be deputized as law enforcement officers by appropriate officials in whose
jurisdiction the landing area is located and shall have and exercise the
powers and duties of such law enforcement officials in respect to all vio-
lations of la^v or rules and regulations occurring on or in the immediate
vicinity of the landing area. The airport manager or his authorized rep-
resentative shall have full power to close the airport against the take-off
of any aircraft when in his opinion the proposed flight cannot be con-
ducted without endangering the life or property of others. Provided, that
the power granted hereby shall not be used to prevent any flight which
can be conducted in accordance with the then current federal and state
regulations governing the operation of aircraft.
126:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 127.
AN ACT RELATIVE TO NUMBER OF ELECTION INSPECTORS AT BIENNIAL
ELECTION.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
127:1 Additional Inspectors. Amend RSA 59:30 (supp) as amended
by 1959, 280:1 and 1961, 232:1, by striking out the section and inserting
1965] Chapter 127 115
in its place the following: 59:30 Appointment. Each town and ward
political committee of the two poHtical parties which cast the largest num-
ber of votes for governor in the state at the last previous biennial election
are authorized between October 1 and October 10 of each biennial elec-
tion year to appoint as additional election officers to act with the clerk,
moderator and selectmen at each polling place, two inspectors of election.
Provided that if the number of voters qualified to vote at a polling place
shall exceed two thousand, said political committees may each appoint
for such polling place one additional inspector for each fifteen hundred
qualified voters, or fraction thereof in excess of two thousand. Provided,
further, the town and ward political committees may each appoint such
additional inspectors, equally divided between the two political parties,
as the moderator considers necessary for the efficient conduct of the elec-
tion. The chairman of said political committees shall, on or before Oc-
tober 12, notify said appointees and the town or ward clerk and city clerk
concerned as to appointments made under the foregoing authority. Pro-
vided that if any such appointments are not made by said political com-
mittees and proper notification thereof given on or before October 12, in
a particular town or ward, then the appointments shall be made by the
selectmen of the town or ward concerned in equal numbers from the two
political parties.
127:2 Duties of Inspectors. Amend RSA 59:36 (supp) as amended
by 1959, 280:6 by striking out the sentence beginning "The other in-
spectors" and inserting in its place the following sentence, the other
inspectors shall be assigned such duties in the polling place as the mod-
erator may determine, including but not limited to the relief of the ballot
clerks and to assist the illiterate and physically disabled in voting their
ballots as provided in section 65 of this chapter, so that the section is
amended to read as follows: 59:36 Duties. Two of the inspectors, one
from each of the two political parties, shall be designated by the moderator
at the opening of the polls to act as ballot clerks. They shall have charge
of the ballots therein and shall furnish them to the voters in the manner
herein set forth. A duplicate checklist of the qualified voters shall be pre-
pared for the use of the ballot clerks and all the provisions of law relative
to the preparation, furnishing and preservation of checklists shall apply
to such duplicate lists. The other inspectors shall be assigned such duties
in the polling place as the moderator may determine, including but not
limited to the relief of the ballot clerks and to assist the illiterate and
physically disabled in voting their ballots as provided in section 65 of this
chapter.
127:3 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
116 Chapter 128 [1965
CHAPTER 128.
AN ACT PERMITTING COOPERATIVE BANKS AND BUILDING AND LOAN
ASSOCIATIONS TO ENGAGE IN THE SAFE DEPOSIT BUSINESS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
128:1 Building and Loan Associations. Amend RSA 393 by inserting
after section 45 (supp) as amended by 1955, 51:2 the following new section:
393:45-a Safe Deposit Business. Any cooperative bank or building and
loan association may engage in the business commonly known as the safe
deposit business by installing suitably constructed vaults on its o^\ n prem-
ises. The installation and operation of these vaults shall have the prior
approval of the bank commissioner.
128:2 Effective Date. This act takes effect sixty days after its passage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 129.
AN ACT RELATING TO CONTRIBUTING TO DELINQUENCY OF A JUVENILE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
129:1 Custody. Amend RSA 169:32 as inserted by 1957, 214:1 by
striking out the words "found to be delinquent" in the second line so the
section is amended to read: 169:32 Contribution to Delinquency. Any
parent or guardian or person having custody or control of a child, or any-
one else, who shall knowingly or wilfully encourage, aid, cause, or abet,
or connive at, or has knowingly or wilfully done any act to produce, pro-
mote, or contribute the delinquency of such child, may be punished
by a fine of not more than five hundred dollars or by imprisonment for
not more than one year or both. The court may release such person on
probation, subject to such orders as it may make concerning future con-
duct tending to produce or contribute to such delinquency, or it may
suspend sentence, or before trial, with his consent, it may allow him to
enter into a recognizance, in such penal sum as the court may fix, condi-
tioned for the promotion of the future welfare of the child, and the said
case may be placed on file. The fact that a child has been found more
than once to be delinquent on account of conduct occurring while in the
custody or control of his parent or parents, guardian, or any other person,
shall be presumptive evidence that such person is responsible for his last
adjudged delinquency.
129:2 More Than One Offense. Amend RSA 169:33 as inserted by
1957, 214:1 and amended by 1959, 12:1 by striking out the words "to be
1965] Chapter 130 117
delinquent by the court" in the first and second lines and inserting in
place thereof the words "more than once to be delinquent by the court
as provided in section 32" so the section is amended to read: 169:33 Pro-
cedure. If any child is found more than once to be delinquent by the
court as provided in section 32, the court may, upon complaint of the
county attorney or any other reputable person, or upon its own motion,
issue a warrant commanding any parent, guardian or person having cus-
tody or control of the child found to be delinquent to be brought before
the same court in which the findings of delinquency was made.
129:3 Finding After Hearing. Amend RSA 169:34 as inserted by
1957, 214:1 by inserting at the beginning of the section the words; The
court, upon a complaint issued under section 33 above may proceed un-
der section 32 of this chapter and in addition thereto, so the section is
amended to read: 169:34 Court Orders. The court, upon a complaint
issued under section 33 above may proceed under section 32 of this chapter
and in addition thereto if the court finds, after a hearing, that the parent,
guardian or person having custody or control of the child has failed to ex-
ercise reasonable diligence in the control of such child to prevent him from
becoming guilty of juvenile delinquency as defined by statute, or from be-
coming adjudged by the court to be in need of the care and protection
of the state as defined by the statute, it may make such orders specifying
future conduct as are designed to reasonably prevent the reoccurrence of
delinquency and to promote the future welfare of the child. Such order
shall remain in effect for a period of not more than one year, to be speci-
fied by the court, and said order may be extended or renewed by the court.
Before issuing any such order the court shall advise such parent, guardian
or other person of his right to have the reasonableness thereof immedi-
ately reviewed and in this connection the superior court is vested with
jurisdiction to summarily determine the reasonableness of any question
of law or fact relating to such written specifications and to make such
further orders upon review thereof as justice may require.
129:4 Effective Date. This act takes effect sixty days after its passage.
[Approved May 28, 1965.]
[Effective date July 27, 1965.]
CHAPTER 130.
AN ACT RELATIVE TO CITIZENS JOB PROTECTION.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
130:1 New Chapter. Amend RSA by inserting after chapter 275 the
following new chapter:
118 Chapter 130 [1965
Chapter 275-A
Citizens Job Protection
275-A: 1 Employment of Certain Persons Prohibited. A person,
partnership, firm, or corporation, or officer or agent thereof, involved in
a strike or lock-out, shall not knowingly employ in the place of an em-
ployee involved in a strike or lock-out, any person Tvho customarily and
repeatedly offers himself for employment in the place of employees in-
volved in a labor strike, lock-out, or labor dispute.
275-A:2 Professional Strikebreakers. A person who customarily and
repeatedly offers himself for employment in the place of employees in-
volved in a strike, lock-out, or labor dispute shall not take or offer to take
the place in employment of employees involved in a strike, lock-out, or
labor dispute.
275-A: 3 Persons Unaware of Labor Dispute. An employer shall not
hire for -^vork in a plant currently involved in a strike, lock-out, or labor
dispute an employee who, to the employer's knowledge, is unaware of
the existence of the strike, lock-out, or labor dispute. An employment
agency shall not refer persons to employment in a plant currently in-
volved in a strike, lock-out, or labor dispute without adequate notice to
such persons that there is a strike, lock-out, or labor dispute in the plant
at which the employment is offered.
275-A:4 Professional Pickets. A person shall not act as a picket for
compensation in connection with any strike, lock-out, or labor dispute in
any trade or industry unless he is normally and customarily employed in
such trade or industry.
275-A:5 Penalties. Any person, partnership, agency, firm, or cor-
poration violating any provision of this act is guilty of an offense, and
each day's continuance of this infraction is considered a separate offense
and is subject to a fine of not more than one hundred dollars or imprison-
ment for not more than six months, or to both such fine and imprison-
ment.
130:2 Takes Effect. This act takes effect sixty days after its passage.
[Approved June 2, 1965.]
[Effective date August 1, 1965.]
1965] Chapter 131 119
CHAPTER 131.
AN ACT RELATIVE TO INSIDER TRADING OF DOMESTIC STOCK INSURANCE
COMPANY EQUITY SECURITIES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
131:1 New Chapter. Amend RSA by inserting after chapter 402 the
following new chapter:
Chapter 402-A
Insider Trading of Securities
402-A: 1 Filing Reports. Every person who, on December 31, 1965,
is directly or indirectly the beneficial owner of more than ten per cent
of any class of equity security of a domestic stock insurance company, or
who is a director or an officer of such company, and every person who
becomes such a beneficial owner, director, or officer after that date shall
file in the office of the commissioner on or before January 10, 1966, or
within ten days after he becomes such beneficial owner, director, or officer,
whichever date is later, a statement in such form as the commissioner may
prescribe, of the amount of all equity securities of such company of which
he is the beneficial owner. Within ten days after the close of each calen-
dar month thereafter, if there has been a change in such ownership dur-
ing such month, he shall file in the office of the commissioner a statement,
in such form as the commissioner may prescribe, indicating his ownership
at the close of the calendar month and such changes in his ownership as
have occurred during such calendar month.
402-A: 2 Suit to Recover Profits. For the purpose of preventing the
unfair use of information which may have been obtained by such bene-
ficial owner, director, or officer by reason of his relationship to such com-
pany, any profit realized by him from any purchase and sale, or any sale
and purchase, of any equity security of such company within any period
of less than six months, unless such security was acquired in good faith in
connection with a debt previously contracted, shall inure to and be re-
coverable by the company, irrespective of any intention on the part of
such beneficial owner, director, or officer in entering into such transac-
tion of holding the security purchased or of not repurchasing the security
sold for a period exceeding six months. Suit to recover such profit may
be instituted at law or in equity in any court of competent jurisdiction
by the company, or by the owner of any security of the company in the
name and in behalf of the company if the company shall fail or refuse
to bring such suit within sixty days after request or shall fail diligently to
prosecute the same thereafter. No such suit shall be brought more than
two years after the date such profit was realized. This section shall not
be construed to cover any transaction where such beneficial owner was
120 Chapter 131 [1965
not such both at the time of the purchase and sale, or the sale and pur-
chase, of the security involved, or any transaction or transactions which
the commissioner by rules and regulations may exempt as not compre-
hended within the purpose of this section.
402-A:3 Prohibited Sales. It is unlawful for any such beneficial
OAvner, director, or officer, directly or indirectly, to sell any equity security
of such company if the person selling the security or his principal (a) does
not own the security sold, or (b) if owning the security, does not de-
liver it against such sale within twenty days after the sale, or does not
within five days after such sale deposit it in the mails or other usual chan-
nels of transportation. No person shall be deemed to have violated this
section if he proves that notwithstanding the exercise of good faith he was
unable to make such delivery or deposit within such time, or that to do so
Avould cause undue inconvenience or expense.
402-A:4 Sales by Dealers. The provisions of section 2 of this chapter
do not apply to any purchase and sale, or sale and purchase, and the pro-
visions of section 3 of this chapter do not apply to any sale, of an equity
security of a domestic stock insurance company not then or theretofore
held by him in an investment account, by a dealer in the ordinary course
of his business and incident to the establishment or maintenance by him
of a primary or secondary market (otherwise than on an exchange as de-
fined in the Securities Exchange Act of 1934) for such security. The com-
missioner may, by such rules and regulations as he thinks necessary or
appropriate in the public interest, define and prescribe terms and condi-
tions with respect to securities held in an investment account and trans-
actions made in the ordinary course of business and incident to the
establishment or maintenance of a primary or secondary market.
402-A:5 Arbitrage Transactions. The provisions of sections 1, 2,
and 3 of this chapter do not apply to foreign or domestic arbitrage trans-
actions unless made in contravention of such rules and regulations as the
commissioner may adopt in order to carry out the purposes of this chapter.
402-A:6 Equity Security. The term "equity security" when used in
this chapter means any stock or similar security; or any security convert-
ible, with or without consideration, into such a security, or carrying any
warrant or right to subscribe to or purchase such a security; or any such
warrant or right; or any other security which the commissioner considers
to be of similar nature and considers necessary or appropriate, by such
rules and regulations as he may prescribe in the public interest or for the
protection of investors, to treat as an equity security.
402-A:7 Exemptions. The provisions of sections 1, 2, and 3 of this
chapter do not apply to equity securities of a domestic stock insurance
company if (a) such securities shall be registered, or shall be required to
be registered, pursuant to section 12 of the Securities Exchange Act of
1965] Chapter 132 121
1934, as amended, or if (b) such domestic stock insurance company does
not have any class of its equity securities held of record by one hundred
or more persons on the last business day of the year next preceding the
year in which equity securities of the company would be subject to the
provisions of sections 1, 2, and 3 of this chapter except for the provisions
of this subsection (b).
402-A:8 Regulations on Insider Trading. The commissioner has the
power to make such reasonable rules and regulations as may be necessary
for the execution of the functions vested in him by sections 1 through 7
of this chapter, and may for such purpose classify domestic stock insur-
ance companies, securities, and other persons or matters within his juris-
diction. No provision of sections 1, 2 and 3 of this chapter imposing any
liability applies to any act done or omitted in good faith in conformity
with any rule or regulation of the commissioner, notwithstanding that
such rule or regulation may, after such act or omission, be amended or
rescinded or determined by judicial or other authority to be invalid for
any reason.
402-A:9 Regulations on Solicitation of Proxies. The insurance com-
missioner has the power to make reasonable rules and regulations con-
cerning the solicitation by mail, or otherwise, of any proxy, consent, or
authorization in respect of any stock of any domestic stock insurance
company.
131:2 Effective Date. This act takes effect sixty days after its passage.
[Approved June 2, 1965.]
[Effective date August 1, 1965.]
CHAPTER 132.
AN ACT TO INCREASE THE PUBLIC REVENUE FROM THE TAX ON TOBACCO.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
132:1 Tax Increase. Amend RSA 78:7 (supp) as amended by 1955,
256:1 by striking out the word "fifteen" where it occurs on the second and
sixteenth lines and inserting in place thereof the word, twenty-one, so
that said section as amended shall read as follows: 78:7 Tax Imposed.
A tax upon the retail consumer is hereby imposed at the rate of twenty-
one per cent upon the value of all tobacco products sold at retail in this
state measured by the usual selling price. The payment of the tax shall
be evidenced by affixing stamps to the smallest packages containing the
tobacco products in which such products usually are sold at retail, but
the word "package" as used herein shall not include individual cigars,
cigarettes or plugs or hanks of chewing tobacco, and such stamps shall
122 Chapter 132 [1965
be affixed in denominations of not less than one-half cent to an aggre-
gate value nearest the tax hereby imposed. No tax is imposed on any
transactions the taxation of which by this state is prohibited by the con-
stitution of the United States. Each unclassified importer shall within
t^venty-four hours after receipt of any unstamped tobacco products in this
state notify the tax commission of the amount and brands of tobacco
products received and the name and address of the consignor. The tax
commission, thereupon, shall notify the unclassified importer of the
amount of the tax due thereon, at the rate of twenty-one per cent of the
value thereof. Payment of the amount due the state shall be made within
ten days from the mailing date of the notice thereof. Any unclassified
importer refusing to pay the tax on tobacco products imported by him
within ten days after being notified of the amount of said tax by the tax
commission, shall be subject to a fine of not less than twenty-five dollars
or more than one hundred dollars.
132:2 Discount Deduction. Amend RSA 78:9 by striking out the
word "five" where it occurs in the fifth line and substituting therefor the
word, four, so that said section as amended shall read as follows : 78:9
Stamps. The tax commission shall secure stamps, of such design and de-
nomination as it shall prescribe, suitable to be affixed to packages of to-
bacco products, as evidence of the payment of the tax imposed by this
chapter. The commission shall sell such stamps to licensed manufacturers,
wholesalers and sub-jobbers at a discount of four per cent of their face
value to encourage manufacturers, wholesalers and sub- jobbers to affix
such stamps and compensate them for so doing, and to licensed vending
machine operators and retailers at their face value. The tax commission
may in its discretion permit a licensed manufacturer, wholesaler, sub-
jobber, vending machine operator or retailer to pay for such stamps Avith-
in thirty days after the date of purchase, provided a bond satisfactory to
the tax commission in an amount not less than the sale price of such
stamps shall have been filed with the commission, conditioned upon the
payment of such stamps. The tax commission shall keep accurate records
of all stamps sold to each manufacturer, wholesaler, sub-jobber, vending
machine operator and retailer and shall pay over all receipts from the sale
of such stamps to the state treasurer daily.
132:3 Temporary Provisions. The director of the division of tobacco
products is hereby authorized and empowered to require from tobacco
products tax licensees a report of all tobacco products or tobacco tax in-
dicia on hand or in stock whenever deemed necessary for the purpose of
collecting the additional tax imposed (by this act) so far as applicable
to tobacco products in the possession of licensees at the time this act be-
comes effective. He may prescribe such reasonable method and manner
by which such licensees shall pay the additional taxes required in order
to conform with this law. The provisions of RSA 78:14 are hereby sus-
pended for such length of time as will enable said licensees to dispose
1965] Chapter 133 123
of such tobacco products as they have on hand and in stock on the date
this law takes effect provided, hoAvever, that the additional tax imposed
by this act has been paid. Any license may be revoked by the director of
the division of tobacco products for failure to comply with the provisions
of this section.
132:4 Appropriation. In order to insure the payment of the tax up-
on tobacco products on hand and in the possession of licensees at the
time this act becomes effective the state tax commission is hereby author-
ized to employ such temporary help as may be necessary and procure the
supplies, stamps, and other things necessary for the purpose and the sum
of three thousand five hundred dollars is hereby appropriated to defray
the cost thereof. Said appropriation shall not lapse at the end of the fiscal
year but shall continue and be available so long as there is need therefor.
The governor is authorized to draw his warrant for said sums out of any
money in the treasury not otherwise appropriated.
132:5 Takes Effect. Section 4 of this act shall take effect upon pas-
sage. Sections 1, 2 and 3 shall take effect as of July 1, 1965.
[Approved June 2, 1965.]
[Effective date:
Sections 1, 2 and 3 effective as of July 1, 1965.
Section 4 effective June 2, 1965.]
CHAPTER 133.
AN ACT RELATIVE TO PLACING A PERSON ON PROBATION.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
133:1 Requirement of Prior Report May be Waived. Amend RSA
504:2 by adding at the end of the first sentence thereof the words, pro-
vided that a justice of the superior court having jurisdiction may waive
such investigation and report if he is satisfied they are not necessary, so
that said section as amended shall read as follows: 504:2 Investigations.
No defendant shall be placed on probation until the report of the inves-
tigation by a probation officer shall have been presented to and consid-
ered by the court having jurisdiction, provided that a justice of the
superior court having jurisdiction may waive such investigation and re-
port if he is satisfied they are not necessary. Whenever a petition for the
appointment of a guardian over a minor under eighteen years of age is
filed in any court of probate, the judge thereof may cause an investiga-
tion and report to be made by a probation officer for his consideration.
124 Chapter 134 [1965
133:2 Takes Effect. This act shall take effect sixty days after its
passage.
[Approved June 2, 1965.]
[Effective date August 1, 1965.]
CHAPTER 134.
AN ACT RELATIVE TO LEASE OR PURCHASE OF VOTING MACHINES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
134:1 Voting Machines. Amend RSA 59:25 by striking out said
section and inserting in place thereof the following: 59:25 Adoption.
The mayor and aldermen of any city, or the selectmen of any to^vn, may
authorize the use of one or more voting machines in such city or town
on a trial basis for any regular or special election, and pay the expense of
such trial from any available funds; and the use of such machine or ma-
chines so authorized shall be valid for all purposes. Any town, or the
mayor and aldermen of any city, may vote to lease or purchase voting
machines for the elections held in said town or city. Any town, or the
mayor and aldermen of any city, so acting shall notify the secretary of
state of the action taken in regard to voting machines and after said ac-
tion voting machines shall be used in said town or city in accordance with
said vote or authorization.
134:2 Requirements. Amend RSA 59:26 by striking out said section
and inserting in place thereof the following: 59:26 Approval by Ballot-
Law Commission. The ballot-law commission shall act as a board of
voting machine examiners. Said board shall, whenever requested, examine
any voting machine or type thereof which may be capable of meeting the
requirements of a voting machine for elections to be held in this state.
Said board shall approve such voting machine, in its discretion, and no
voting machine shall be used in any election in this state except of a type
so approved by the ballot-law commission.
134:3 Payment. Amend RSA 59:28 by striking out said section and
inserting in place thereof the following: 59:28 Lease or Purchase. Any
town or city authorizing the use of a voting machine shall pay the cost
of lease or purchase. When such voting machine is so purchased by a to-^vn
or city the person or persons from whom such machine is purchased shall
o-ive to the secretary of state a suitable bond with sufficient sureties con-
ditioned to keep each machine in good working order for two years at
their own expense.
1965] Chapter 135 125
134:4 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 2, 1965.]
[Effective date August 1, 1965.]
CHAPTER 135.
AN ACT RELATIVE TO OPEN SEASON FOR TAKING HARES AND RABBITS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
135:1 Hares and Rabbits. Amend RSA 208:18 by striking out the
words "March first" and inserting in place thereof the words, March
fifteenth, so that the section as amended shall read as follows: 208:18
Taking; Limit. Hares and rabbits may be taken and possessed from Oc-
tober first to March fifteenth. No person shall take more than three hares
and five cotton-tail rabbits in one day, and the total number of hares
and cotton-tail rabbits taken in one day shall not exceed five. No person
shall take hares and rabbits by the use of a snare.
135:2 Takes Effect. This act shall take effect as of September 1, 1965.
[Approved June 11, 1965.]
[Effective date September 1, 1965.]
CHAPTER 136.
AN ACT RELATING TO THE REPORT OF INCOME BY CERTAIN COUNTY OFFICERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
136:1 Report to Secretary of State. Amend RSA 30:5 (supp), as
amended by 1959, 252:1 by striking out the entire section and inserting
in its place the following: 30:5 Report of Income by Certain County and
Municipal Officers. Every justice of a probate court, register of deeds,
register of probate, justice and clerk of a municipal or district court, and
clerk of a superior court on or before April first of each year shall file "^vith
the secretary of state a statement of his income as such officer for the pre-
ceding year. Such statement shall show the income and itemized operating
expenses for each type of work. Every sheriff and deputy sheriff on or be-
fore April first of each year shall file with the secretary of state a statement
of his income as such officer for the preceding year. Such statements from
sheriffs and deputy sheriffs shall show the income from salary, court at-
tendance, criminal investigation and service of civil process, together with
itemized operating expenses. All statements hereunder shall be under
126 Chapter 137 [1965
oath on forms prepared by the secretary of state and when filed with the
secretary of state shall be open to the inspection of any interested party.
The word "justice" as used herein shall not include a special justice of a
municipal or district court. Any officer who has received income of less
than one hundred dollars may file a sworn statement to that effect in lieu
of the itemized statement herein required.
136:2 Effective Date. This act takes effect ninety days after its pas-
sage.
[Approved June 11, 1965.]
[Effective date September 9, 1965.]
CHAPTER 137.
AN ACT RELATING TO ADMINISTRATIVE COMMITTEE OF THE DISTRICT
AND MUNICIPAL COURTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
137:1 Committee Enlarged. Amend RSA 502-A:18 (supp) as inserted
by 1963, 331:1 by striking out the same and inserting in place thereof the
following: 502-A:18 Administrative Committee. There shall be an ad-
ministrative committee of the district and municipal courts which shall
consist of three justices of the district courts and two justices of the mu-
nicipal courts appointed to serve thereon by the supreme court. The terms
of the members shall be for such period of time as the supreme court
shall designate. The committee is authorized to visit any district or mu-
nicipal court, or any justice, to recommend uniform rules, practices and
procedures for conducting the business of said courts, in all cases not
expressly provided by law, to recommend forms of blanks and records,
to superintend the keeping of records by clerks and justices, and shall
have general advisory powers in relation to said courts. To promote co-
ordination in the work of such courts, the committee may from time to
time call conferences of any of the justices thereof or other officials con-
nected therewith, and the traveling expenses of such justices or officials
for attending such conferences shall be paid by the clerk of each court,
and the necessary expenses of the members of the committee, including
clerical expenses, incurred in the performance of their duties, shall be
paid from the state treasury.
137:2 Court to Establish Rules, Practices, Procedures, Forms and
Records. Amend RSA 502-A (supp) by inserting after section 19 as in-
serted by 1963, 331:1 the following new section: 502-A: 19-a Rules, Prac-
tices, Procedures, Forms and Records. The recommendations of the com-
mittee, or a majority of its members, as to rules, practices and procedures
and as to forms of blanks and records, shall be submitted to the supreme
1965] Chapter 138 127
court for approval, which may alter and amend them and may from time
to time make such other rules and forms for regulating the proceedings
in the district and municipal courts as it considers necessary in order to
insure regularity and uniformity. When such rules, practices and pro-
cedures and forms of blanks and records are approved or promulgated
by the supreme court said rules, practices and procedures and forms of
blanks and records shall be used in each district and municipal court.
137:3 Repeal. RSA 502:26-a, relating to administrative committee
of the municipal courts, and RSA 502:26-b, relating to rules and forms,
both as inserted by 1959, 289:1, and RSA 502-A:19 (supp), relating to ex-
penses of administrative committee, as inserted by 1963, 331:1, are hereby
repealed.
137:4 Takes Effect. This act shall take effect sixty days after its
passage.
[Approved June 11, 1965.]
[Effective date August 10, 1965.]
CHAPTER 138.
AN ACT RELATIVE TO THE SALARY OF SPECIAL JUSTICES OF THE
HANOVER DISTRICT COURT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
138:1 Special Justices in Hanover District Court. Amend paragraph
II of RSA 502-A:6 (supp), as inserted by 1963, 331:1, by inserting at the
end of the first paragraph in said paragraph II the following, provided,
however, that the salaries of the special justices of the Hanover district
court may by vote of the local governing body be in excess of 30% of the
salary of the justice of said district, so that the paragraph as amended shall
read as follows: H. Special Justices. The annual salaries of special justices
of the district court shall be as follows: Not less than 10% nor more than
30% of the salary of the justice in each district as the local governing body
of the city or town in which the court is located may vote, provided, how-
ever, that the salaries of the special justices of the Hanover district court
may by vote of the local governing body be in excess of 30% of the salary
of the justice of said district.
The special justices in other cities and towns and the justice of peace
requested to sit owing to the disqualifications of the justice and special
justice, shall be paid from the treasury of the city or town wherein said
court is located, twenty dollars a day for each day or part thereof that he
shall serve in said capacity.
128 Chapter 139 [1965
138:2 Takes Effect. This act takes effect sixty days after its passage.
[Approved June 11, 1965.]
[Effective date August 10, 1965.]
CHAPTER 139.
AN ACT RELATIVE TO SUMMARY JUDGMENT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
139:1 Summary Judgment Mandatory. Amend RSA 491:8-a (supp)
as inserted by 1955, 46:1 and amended by 1959, 264:1 by striking out in
lines fifteen and sixteen the words "or such further order made as justice
may require"; and by inserting in line seventeen after the word "if" the
words, affidavits are filed but, so that said section as amended shall read
as follows: 491:8-a Motions for Summary Judgment. In any action
founded on contract in which the plaintiff seeks to recover a debt or
liquidated demand, either party may, at any time after the defendant
has appeared, move for immediate entry of judgment, setting forth with
particulars his cause of action or his defense. This motion shall be accom-
panied by affidavits based upon personal knowledge of admissible facts
as to which it appears affirmatively that the affiants ^vill be competent to
testify. The facts stated in accompanying affidavits shall be taken to be
admitted for the purpose of the motion unless within fifteen days con-
tradictory affidavits based on personal knowledge are filed or the opposing
party shall file an affidavit showing specifically and clearly reasonable
grounds for believing that contradictory evidence can be presented at a
trial but cannot be furnished by affidavits. If such affidavits are not filed
by the opposing party within said fifteen days, judgment shall be entered
on the next judgment day in accordance with the facts. Copies of all mo-
tions and affidavits shall upon filing be furnished opposing counsel. If
affidavits are filed but it shall appear upon hearing that no genuine issue
of material fact exists, judgment may be entered accordingly.
139:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 11, 1965.]
[Effective date August 10, 1965.]
CHAPTER 140.
AN ACT TO PROVIDE FOR REPLACING LOST HUNTING AND FISHING LICENSES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
140:1 Fish and Game Licenses. Amend RSA 214:9-b as inserted by
1961, 162:1 by striking out the same and inserting in its place the follow-
1965] Chapter 141 129
ing: 214:9-b Lost License, Duplicate. A person who loses or by mistake
or accident destroys his license, may, upon payment of a fee of one dollar,
receive a duplicate license if the applicant completes aflidavits setting
forth the circumstances surrounding its loss or destruction.
140:2 Effective Date. This act takes effect upon its passage.
[Approved June 11, 1965.]
[Eflective date June 11, 1965.]
CHAPTER 141.
AN ACT ELIMINATING THE WEIGHT LIMIT ON TAKING BLACK BASS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
141:1 Black Bass. Amend RSA 211 by inserting after section 6-a,
as inserted by 1957, 14:1 the following new section: 211:(>-b Elimination
of Weight Limit on Black Bass. Notwithstanding the rules and regula-
tions promulgated under the provisions of RSA 206 there shall be no
weight limit on the taking of black bass during the open season therefor.
141:2 Takes Effect. This act shall take effect upon its passage.
[Approved June 11, 1965.]
[Effective date June 11, 1965.]
CHAPTER 142.
AN ACT INCREASING THE SALARY OF THE COUNTY COMMISSIONERS OE COOS
COUNTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
142:1 Coos County Commissioners. Amend RSA 28:28 (supp), as
amended by 1955, 247:4 and 269:1, 1957, 182:1 and 246:1, 1961, 80:1,
157:1 and 210:1; 1963, 94:1 and 329:2, by striking out the words "In Coos,
fifteen hundred dollars" and inserting in place thereof the words. In
Coos, two thousand dollars, so diat the section is amended to read as fol-
lows: 28:28 Commissioners. The annual salary of each commissioner of
the following counties shall be as follows, payable monthly by the county:
In Rockingham, three thousand dollars.
In Strafford, fifteen hundred dollars.
In Belknap, fifteen hundred dollars.
In Carroll, twelve hundred dollars.
In Merrimack, two thousand dollars.
In Hillsborough, forty-five hundred dollars.
130 Chapter 143 [1965
In Cheshire, two thousand dollars.
In Sullivan, twelve hundred dollars.
In Grafton, eighteen hundred dollars.
In Coos, tivo thousand dollars.
To the foregoing sums shall be added, in all counties, a reasonable
sum for all necessary expenses, upon order of the county auditors.
142:2 Takes Effect. This act takes effect July 1, 1965.
[Approved June 11, 1965.]
[Effective date July 1, 1965.]
CHAPTER 143.
AN ACT RELATING TO WILD BEAR.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
143:1 Report of Killing Required. Amend RSA 208 by adding a
new section as follows: 208:23 Report of Bear Killed. Within forty-eight
hours after any person has killed a wild bear in this state, he shall make
a report to the director of the fish and game department, or to a conserva-
tion officer, of this state, indicating the town in which the bear w^as taken,
the weight, sex, and length of the hind foot. Any person -^vho fails to make
the report required by this section shall be fined twenty-five dollars.
143:2 Black Bear. Amend RSA 208:22 as inserted by 1961, 126:1
and amended by 1963, 311:1 by inserting after the word "arrow^" in the
eighth line the words, of at least forty pounds pull, and by striking out
the letters and figures "RSA 470: 1-a" in the twelfth line and inserting in
place thereof the words and figures, in section 23 of this chapter, so that
the section is amended to read as follows: 208:22 Wild Black Bear. Wild
black bear, outside of game preserves, may be taken and possessed from
one-half hour before sunrise to one-half hour after sunset in all counties
of the state from September 1 to December 10 inclusive, provided that
no bear shall be taken at any time on any island or in any waters or lakes
or ponds. Wild black bear may be taken by the aid and use of dogs from
September 1 to November 14 inclusive with written permission of the di-
rector or his agents. Wild black bear may be taken by the aid and use
of dogs, firearms and by bow and arrow of at least forty pounds pull pro-
vided that no person shall take bear by the aid or use of a jack or artificial
light, trap, snare, swivel, pivot or set gun or calibre .22 rimfire firearm
unless other^vise herein provided. Any person who kills a ^vild bear as
provided by this section shall report as outlined in section 23 of this chap-
ter. Landowners, or their agents, shall be permitted to set traps for bear
doing actual or substantial damage to property. Such trapping shall only
1965] Chapter 144 131
be permitted after the director or his agents has been notified of damage
and has investigated such complaint. The director or his agents may then
issue a special permit for the use of traps. Said permit shall state the loca-
tion of traps and the dates when trapping shall be allowed. Any traps set
as hereinbefore described shall be arranged and set in accordance with
RSA 210:15. The carcass of a bear legally taken and reported may be
bought and sold. Live bear may not be offered for sale at any time unless
by a person permitted so to do by the director. Any person who violates
any provision of this section shall be fined not more than five hundred
dollars or imprisoned not more than thirty days, or both.
143:3 Repeal. RSA 470: 1-a (supp), as inserted by 1955, 234:1, re-
lating to report of bear killed, is hereby repealed.
143:4 Effective Date. This act takes effect sixty days after its passage.
[Approved June 11, 1965.]
[Effective date August 10, 1965.]
CHAPTER 144.
AN ACT INCREASING THE AMOUNT OF PENSION TOAVNS MAY GRANT TO
CERTAIN FIREMEN, POLICE OFFICERS, OR CONSTABLES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
144:1 Maximum Allowable to Part-time Men Increased. Amend
RSA 31:57 by striking out in line nine the words "five hundred dollars"
and inserting in their place the words, one thousand dollars, so that said
section as amended shall read as follows: 31:57 To Whom Payable; Maxi-
mum. Towns may grant pensions to any fireman, police officer, or con-
stable, who, by reason of permanent disability directly incurred in the
performance of his official duty, is no longer able to perform services in
such capacity, or who has served faithfully for not less than twenty-five
years; provided that no pension shall be granted for more than one year
at a time. The maximum amount of such pension shall be in the case of a
permanent man one half of the pay received by him at the time of his
retirement or disability, and in case of a part-time man, call man, or
special man, one thousand dollars.
144:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 11, 1965.]
[Effective date August 10, 1965.]
132 Chapter 145 [1965
CHAPTER 145.
AN ACT RELATIVE TO THE DEFINITION OF GAME BIRDS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
145:1 Fish and Game Definitions. Amend the definition of game
birds found in RSA 207:1 by inserting after the word "ducks" where it
occurs in said definition the word, turkeys, so that said definition as
amended shall read as follows: Game Birds: Ruffed grouse or partridge,
spruce grouse, commonly called spruce partridge, woodcock, snipe, pheas-
ant, quail, European partridge, chukar partridge, plover of all kinds, all
shore birds, rail, coot, gallinule, ducks, turkeys, brant and geese.
145:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 11, 1965.]
[Effective date August 10, 1965.]
CHAPTER 146.
AN ACT TO PROHIBIT OBSCENITY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
146:1 New Chapter. Amend RSA by inserting after chapter 571 the
following new chapter:
Chapter 571 -A
Obscene Matter
571-A:1 Obscene Defined. Material is obscene if, considered as a
whole, its predominant appeal is to prurient interest, that is, a shameful
or morbid interest, in nudity, sex or excretion, and if in addition it goes
substantially beyond customary limits of candor in describing or repre-
senting such matters. Predominant appeal shall be judged with reference
to ordinary adults unless it appears from the character of the material or
the circumstances of its dissemination to be designed for children or other
specially susceptible audience. Undeveloped photographs, molds, print-
ing plates, and the like, shall be deemed obscene notwithstanding that
processing or other acts may be required to make the obscenity patent or
to disseminate it.
571-A:2 Offenses. A person commits obscenity when, with knowl-
edge of the nature of content thereof, he:
1965] Chapter 146 133
(a) sells, delivers or provides, or offers or agrees to sell, deliver or
provide, any obscene "writing, picture, record or other representation or
embodiment of the obscene; or
(b) presents or directs an obscene play, dance or performance, or
participates in that portion thereof which makes it obscene; or
(c) publishes, exhibits or other^vise makes available any obscene
material; or
(d) possesses any obscene material for purposes of sale or other com-
mercial dissemination; or
(e) sells, advertises or otherwise commercially disseminates material,
whether or not obscene, by representing or suggesting that it is obscene.
571 -A: 3 Justifiable and Non-Commercial Private Dissemination. It
is an affirmative defense to prosecute under this chapter that dissemina-
tion was restricted to:
(a) institutions or persons having scientific, educational, govern-
mental or other similar justification for possessing obscene material; or
(b) non-commercial dissemination to personal associates of the actor.
571-A:4 Evidence; Adjudication of Obscenity. In any prosecution
under this chapter evidence shall be admissible to show:
(a) The character of the audience for which the material was de-
signed or to which it was directed;
(b) what the predominant appeal of the material would be for ordi-
nary adults or any special audience to which it was directed, and what
effect, if any, it would probably have on conduct of such people;
(c) artistic, literary, scientific, educational or other merits of the
material;
(d) the degree of public acceptance of the material in the United
States;
(e) appeal to prurient interest, or absence thereof, in advertising or
other promotion of the material; and
(f) the good repute of the author, creator, publisher or other person
from whom the material originated.
(g) expert testimony and testimony of the author, creator, publisher
or other person from whom the material originated, relating to factors
entering into the determination of the issue of obscenity.
571-A:5 Penalty. A person convicted of obscenity shall be fined not
exceeding five hundred dollars or imprisoned not exceeding one year, or
both.
146:2 Repeal. Sections 14 through 19 of RSA 571, relating to ob-
scene literature, are hereby repealed.
146:3 Effective Date. This act shall take effect sixty days after its
passage.
[Approved June 11, 1965.]
[Effective date August 10, 1965.]
134 Chapter 147 [1965
CHAPTER 147.
AN ACT EXTENDING THE TIME DURING WHICH AN ACT RELATIVE TO A CER-
TAIN BRIDGE OVER THE MERRIMACK RIVER SHALL BE EFFECTIVE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
147:1 Boscawen-Canterbury Bridge. Amend 1959, 288:5, as amended
by 1961, 86:1 by striking out the section and inserting in its place the fol-
lo^ving: 288:5 Boscawen-Canterbury Bridge. The towns of Boscawen
and Canterbury have made application for state bridge aid on a certain
bridge over the Merrimack River, which application is pending, the ap-
plication by the towns of Boscawen and Canterbury shall be sufficient
to authorize the posting at the ends of said bridge in accordance with the
provisions of RSA 251:16, as hereinbefore amended, as provided for in
cases of application for town bridge aid, and the commissioner of public
works and highways is authorized to proceed under said application in
accordance with the applicable provisions of law. The provisions of this
section shall be effective until such time as the bridge is replaced.
147:2 Takes Effect. This act shall take effect upon its passage.
[Approved June 11, 1965.]
[Effective date June 11, 1965.]
CHAPTER 148.
AN ACT RELATIVE TO THE THROWING, DEPOSITING AND DUMPING OF REFUSE
ON PRIVATE LAND.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
148:1 Highway Regulation and Protection. Amend RSA 249 by
inserting after section 27-a as inserted by 1959, 306:5, the following new
section: 249:27-b Refuse on Private Land. If any person other than the
owner or his agent shall put or place without permission, or cause to be
put or placed without permission, in or upon any private property, any
bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, old auto-
mobiles or parts thereof or refuse of any nature whatsoever or any other
noxious material, he shall be fined not more than one hundred dollars.
148:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 11, 1965.]
[Effective date August 10, 1965.]
1965] Chapter 149 135
CHAPTER 149.
AN ACT RELATIVE TO SEWAGE DISPOSAL SYSTEMS ON ISLANDS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
149:1 New Chapter. Amend RSA by inserting after chapter 149-B
as inserted by 1959, 267:1 the following new chapter:
Chapter 149-C
Sewage Disposal Systems on Islands
149-C: 1 Declaration of Purpose. The purpose of this act is to pre-
vent pollution in the public waters of the state as defined in RSA 271 by
inadequate sewage disposal systems on islands.
149-C:2 Definition. As used in this act, unless the context indicates
otherwise:
I. "Island" means any land which is, or in the absence of an artificial
causeway or bridge, would be totally surrounded by fresh water.
149-C:3 Submission and Approval of Plans. I. Any person propos-
ing to construct a sewage disposal system on any island within the public
waters of the state, shall submit plans and specifications for such system
for approval in accordance Avith the zoning ordinances of the affected
municipality; provided, however, that in the absence of a zoning ordi-
ance or where the zoning ordinance is not applicable to sewage disposal
systems, such plans and specifications shall be submitted to the water pol-
lution commission for approval, at least thirty days in advance of such
construction.
II. No person shall construct a sewage disposal system on an island
within the public waters of the state, without written prior approval of
the plans and specifications by the agency of paragraph I of this section
having cognizance.
III. Plans and specifications shall be in such detail as the approving
agency shall require.
149-C:4 Marshes. No person shall fill a marsh bordering on or adja-
cent to a great pond of the state for the purpose of erecting a building or
buildings on such fill without submitting to and receiving written ap-
proval of the agency which has authority over sewage disposal systems on
islands as specified in section 3 of this chapter.
149-C:5 Duties of Water Pollution Commission. It shall be the duty
of the water pollution commission and it shall have the power and au-
thority:
136 Chapter 150 [1965
I. To exercise general supervision over the administration and en-
forcement of this chapter.
II. To employ with approval of governor and council such assistance
as may be necessary.
149-C:6 Enforcement. Whenever it is found that construction of a
sewage treatment system is being or has been constructed on an island,
within the public Avaters of the state after the effective date without prior
approval by the water pollution commission, when it is the approving
agency, the commission shall issue an order to cease and desist such con-
struction or use.
149-C:7 Penalties. Any person who shall violate any of the provisions
of this chapter or who shall fail, neglect, or refuse to obey any order of
the water pollution commission issued under authority of this chapter
shall be fined not more than five hundred dollars for each day of such
violation, failure, nesrlect or refusal.
149:2 Takes Effect. This act shall take effect upon its passage.
[Approved June 11, 1965.]
[Effective date June 11, 1965.]
CHAPTER 150.
AN ACT TO ALLOW SCHOOL BUILDING AID USE OF EXISTING BUILDINGS IN
AREA SCHOOLS AND FOR ACQUISITION OF SITES IN ANTICIPATION
OF BUILDING SCHOOLS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
150:1 School Building Aid. Amend RSA 198 by inserting after sec-
tion 15-g as inserted by 1957, 301:3 the following new section: 198:15-h
Use of Existing Buildings. The building aid provided in section 15-b of
this chapter for a receiving district operating an area school as defined in
RSA 195-A:1, or some proportionate part of that building aid, may be
made available to assist in defraying the cost of construction of a new
school building or an addition to existing buildings of the receiving dis-
trict which is not to be used as an area school, but which is to be con-
structed so that the receiving district may make available as an area school
building the full or partial capacity of an existing school building. The
state board of education may extend the building aid in the circumstances
set forth in this section when it finds that (a) such arrangement will result
in savings in overall building cost to the state, and that (b) the existing
building thus made available by the receiving district as an area school
is satisfactory for the purpose. In all other respects the provisions of sec-
tion 15-b of this chapter apply to the alternate building aid, as if the new
1965] Chapter 150 137
building were an area school for the number of sending districts in the
area plan.
150:2 School Building Site Aid. Amend RSA 198:15-b as inserted
by 1955, 335:9 and amended by 1957, 301:1 and 1963, 277:3 by inserting
after the words "construction of the school building" in the sentence be-
ginning "For the purpose of computing grants" the words, and the amount
actually spent for the purchase of a site in anticipation of the construction
of the school building, so that the section is amended to read as follows:
198:15-b Amount of Annual Grant. The amount of the annual grant
to any school district duly organized, any city maintaining a school de-
partment within its corporate organization, any cooperative school district
as defined in RSA 195:1, or any receiving district operating an area school
as defined in RSA 195-A:1, shall be a sum equal to thirty per cent of the
amount of the annual payment of principal on all outstanding borrow-
ings of the school district, city, cooperative school district or receiving
district, heretofore or hereafter incurred, including loans made by the
New Hampshire school building authority, for the cost of construction
of school buildings, to the extent approved by the state board of educa-
tion, provided that the amount of the annual grant in the case of a co-
operative school district, or a receiving district operating an area school,
shall be forty per cent plus five per cent for each pre-existing district in
excess of two and each sending district in excess of one, and provided
further that no cooperative school district, or receiving district operating
an area school, shall receive an annual grant in excess of fifty-five per
cent. The state board of education may withhold approval of grants here-
under from any district, whenever, in their opinion, the number of
students is so small that other arrangements could provide better and
more economical educational facilities. For the purposes of computing
grants hereunder the amount of the annual payment of principal shall
be increased by an amount equal to the amount of capital reserve and/or
amount raised by taxation which was actually expended in the construc-
tion of the school building, and the amount actually spent for the pur-
chase of a site in anticipation of the construction of the school building,
divided by the number of years for which bonds or notes were issued
to provide funds for such school building. For the purposes of this sub-
division construction shall include the acquisition and development of
the site, construction of a new building and/or additions to existing
buildings including alterations providing additional pupil capacity, archi-
tectural and engineerng fees, purchase of equipment and any other costs
necessary for the completion of the building as approved by the state
board of education.
150:3 Effective Date. This act takes effect sixty days after its passage.
[Approved June 11, 1965.]
[Effective date August 10, 1965.]
138 Chapter 151 [1965
CHAPTER 151.
AN ACT RELATIVE TO CLASS III RECREATIONAL ROADS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
151:1 Roads in Dunbarton, Weare, Hopkinton, Raymond and Not-
tingham. Amend RSA 231:6 as amended by 1957, 99:1, 162:1, 193:1 and
1961, 223:3 by inserting after the words "towns of Whitefield and Dalton"
at the end of the sentence beginning "The department of public works
and highways shall assume" the words, and state parks in the Hopkinton-
Everett reservoir area in the towns of Dunbarton, Weare, and Hopkinton;
and the road from Route 156 to the entrance to Pawtuckaway State Park
at Pawtuckaway Lake in the towns of Raymond and Nottingham, which
is to be constructed with other than highway funds, so that the section is
amended to read as follows: 231:6 Class III Recreational Roads. The
department of public works and highways shall assume full control of
reconstruction and maintenance of roads designated by the department
of resources and economic development and high^vay commissioner with-
in the following state reservations and rights of way thereto, and such
roads shall be known as recreational roads; Belknap State Reservation
in the town of Gilford; the road from Route 114 at North Sutton village
to and through Wadleigh State Park to the western boundary of said
park on the lake front highway; Cathedral Ledge State Reservation in the
towns of Con^vay and Bartlett; the Arethusa Falls road in the town of
Hart's Location; Pillsbury State Reservation in the town of Washington;
White Lake State Park in the town of Tamworth; Pawtuckaway State
Reservation in the towns of Nottingham and Deerfield; Milan Hill State
Park in the town of Milan; Cardigan State Reservation in the town of
Orange; Kearsarge State Reservation in the town of Wilmot; Mt. Sunapee
State Park in the town of Newbury; Rhododendron State Reservation in
the town of Fitzwilliam; Bear Brook State Reservation in the towns of
Deerfield, Hooksett, Allenstown and Candia; and the road formerly
known as the Kearsarge Mountain Toll road in the town of Warner; ex-
tending from the Top of Tory Hill, so called, to its terminus near the
summit of Kearsarge Mountain; and Monadnock State Forest Reservation
in the town of Jaffrey, and the road to the beach development at Mt.
Sunapee State Park in the town of Newbury; and the road from Route
116, so called, to Forest Lake State Park in the towns of Whitefield and
Dalton; and state parks in the Hopkinton-Everett reservoir area in the
towns of Dunbarton, Weare and Hopkinton; and the road from Route
156 to the entrance of Pawtuckaway State Park at Pawtuckaway Lake in
the towns of Raymond and Nottingham which is to be constructed ^vith
other than highway funds. The cost of reconstruction and maintenance
shall be a charge upon the highway funds. This section shall not be con-
strued as affecting the control of the department of resources and eco-
1965] Chapter 152 139
nomic development over parking areas or other facilities within said
reservations.
151:2 Effective Date. This act takes effect sixty days after its passage.
[Approved June 11, 1965.]
[Effective date August 10, 1965.]
CHAPTER 152.
AN ACT RELATING TO REFUNDS ON TAX ABATEMENTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
152:1 Interest to be Awarded. Amend RSA 76 by inserting after
section 17 (supp) as amended by 1955, 162:2 the following new section:
76:17-a Interest. Whenever, after taxes have been paid, the selectmen,
the tax commission or the superior court, as the case may be, grant an
abatement of taxes, they shall award interest on the amount of taxes
abated at the rate of six per cent per annum from the date the taxes were
paid to the date of refund.
152:2 Application. The provisions of this act shall apply only to
taxes assessed as of April 1, 1965 and thereafter.
152:3 Effective Date. This act takes effect on passage.
[Approved June 11, 1965.]
[Effective date June 11, 1965.]
CHAPTER 153.
AN ACT TO INCREASE TRANSFER FEES ON AUTOMOBILES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
153:1 Registration of Motor Vehicles. Amend RSA 260:25 (supp),
as amended by 1957, 24:1 and 1959, 150:2, by striking out the words
"fifty cents" and inserting in their place the words, two dollars, so that
the section is amended to read as follows: 260:25 Transfer Credits. Upon
transfer of ownership of a motor vehicle the permit shall expire; pro-
vided, however, that any owner who has paid a permit fee for registration
of a motor vehicle the ownership of ^vhich is transferred or of one which
is subsequently totally lost by fire, theft, or accident, during the same
fiscal year, shall be entitled, upon the payment of two dollars, to a credit
to the amount of any such permit fee toward other permit fees which
may be required of him in the same fiscal year. From November first to
140 Chapter 154 [1965
March thirty-first such credits shall not exceed one-half of the amount of
the original fee.
153:2 Municipal Permits for Registrations. Amend RSA 260:27
(supp), as amended by 1963, 184:2, by inserting after the sentence be-
ginning "The treasurer of each city" the sentence, In no event, however,
shall the fee be less than two dollars, so that the section is amended to
read as follo^vs: 260:27 Fees. The treasurer of each city, or such other
person as the city government may designate, and the town clerk of each
town shall collect fees for such permits as follows: on each motor vehicle
offered for registration a sum equal to seventeen mills on each dollar of
the maker's list price for a motor vehicle manufactured in the current
calendar year, twelve mills on each dollar of the maker's list price for a
vehicle manufactured in the first preceding calendar year, nine mills on
each dollar of the maker's list price for a motor vehicle manufactured in
the second preceding calendar year, five mills on each dollar of the maker's
list price for a motor vehicle manufactured in the third preceding calen-
dar year, and three mills on each dollar of the maker's list price for a
motor vehicle manufactured in the fourth preceding calendar year and
any calendar year prior thereto. In no event, however, shall the fee be
less than f^vo dollars. The commissioner of motor vehicle shall make the
final determination of year of manufacture of a motor vehicle in any case
in which a dispute arises. The fee collected hereunder for a commercial
vehicle or truck, used for agricultural purposes only and used on the
public highways within a radius of ten miles from the main entrance of
the farm upon which said vehicle is operated which said commercial ve-
hicle or truck is not used for the purpose of transporting produce or goods
for sale or for hire, shall be two dollars; and provided further, that the
fee collected hereunder for a farm tractor shall be two dollars.
153:3 Effective Date. This act takes effect January 1, 1966.
[Approved June 11, 1965.]
[Effective date January 1, 1966.]
CHAPTER 154.
AN ACT TO DISREGARD CERTAIN EARNED INCOME IN OLD AGE ASSISTANCE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
154:1 Public Assistance to Aged. Amend RSA 167:4, as amended by
1961, 50:1, by adding at tlie end tliereof the following new paragraph:
VIII. In the determination of sufficiency of income in the adminis-
tration of old age assistance ten dollars of the first fifty dollars per month
of earned income, plus one-half of the remainder shall be disregarded.
1965] Chapter 155 141
154:2 Effective Date. This act takes effect sixty days after its passage.
[Approved June 11, 1965.]
[Effective date August 10, 1965.]
CHAPTER 155.
AN ACT RELATIVE TO UNIT OWNERSHIP OF REAL PROPERTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
155:1 Creation of Unit Ownership of Real Property. Amend RSA
by inserting after chapter 479 the following new chapter:
Chapter 479-A
Unit Ownership of Real Property
479-A: 1 Definitions. As used in this chapter, unless the context
otherwise requires:
I. "Unit" means a part of the property intended for any type of in-
dependent use, including one or more rooms or enclosed spaces located
on one or more floors (or part or parts thereof) in a building, and with a
direct exit to a public street or highway or to a common area leading to
such street or highway.
II. "Unit owner" means the person or persons owning a unit in fee
simple absolute and an undivided interest in the fee simple estate of the
common areas and facilities in the percentage specified and established
in the declaration.
III. "Unit number" means the number, letter, or combination
thereof, designating the apartment in the declaration.
IV. "Association of unit owners" means all of the unit owners acting
as a group in accordance with the by-law^s and declaration.
V. "Building" means a building or group of buildings having a total
of five or more units, and comprising a part of the property.
VI. "Common areas and facilities," unless otherwise provided in the
declaration or lawful amendments thereto, means and includes: the land
on which the building is located; the foundations, columns, girders, beams,
supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire
escapes, and entrances and exits of the building; the basements, yards,
gardens, parking areas and storage spaces; the premises for the lodging
of janitors or persons in charge of the property; installations of central
services such as power, light, gas, hot and cold water, heating, refrigera-
tion, air conditioning and incinerating; the elevators, tanks, pumps.
142 Chapter 155 [1965
motors, fans, compressors, ducts and in general all apparatus and installa-
tions existing for common use; such community and commercial facilities
as may be provided for in the declaration; and all other parts of the prop-
erty necessary or convenient to its existence, maintenance and safety, or
normally in common use.
VII. "Common expenses" means and include: all sums lawfully
assessed against the unit owners by the association of unit owners; ex-
penses of administration, maintenance, repair or replacement of the com-
mon areas and facilities; expenses agreed upon as common expenses by
the association of unit owners; expenses declared common expenses by
provisions of this chapter, or by the declaration or the by-laws.
VIII. "Common profits" means the balance of all income, rents,
profits and revenues from the common areas and facilities remaining after
the deduction of the common expenses.
IX. "Declaration" means the instrument by which the property is
submitted to the provisions of this chapter, as hereinafter provided, and
such declaration as from time to time may be lawfully amended.
X. "Limited common areas and facilities" means and include those
common areas and facilities designated in the declaration as reserved for
use of certain unit or units to the exclusion of the other units.
XL "Majority" or "Majority of unit owners" means the unit o^vners
with fifty-one percent or more of the votes in accordance with the per-
centages assigned in the declaration to the units for voting purposes.
XII. "Person" means individual, corporation, partnership, associa-
tion, trustee or other legal entity.
XIII. "Property" means and includes the land, the building, all im-
provements and structures thereon, all o^vned in fee simple absolute and
all easements, rights and appurtenances belonging thereto, and all articles
of personal property intended for use in connection therewith, which have
been or are intended to be submitted to the provisions of this chapter.
479-A:2 Application of Chapter. This chapter shall be applicable
only to property, the sole owner or all of the owners of which submit the
same to the provisions hereof by duly executing and recording a declara-
tion as hereinafter provided.
479-A:3 Status of the Units. Each unit, together with its undivided
interest in the common areas and facilities, shall for all purposes constitute
real property.
479-A:4 Ownership of Units. Each unit owner shall be entitled to
the exclusive ownership and possession of his unit.
479-A:5 Common Areas and Facilities. Each unit owner shall be
entitled to an undivided interest in the common areas and facilities in
1965] Chapter 155 143
the percentage expressed in the declaration. Such percentage shall be com-
puted by taking as a basis the value of the unit in relation to the value of
the property. The percentage of the undivided interest of each unit owner
in the common areas and facilities as expressed in the declaration shall
have a permanent character and shall not be altered without the consent
of all of the unit owners expressed in an amended declaration duly re-
corded. The percentage of the undivided interest in the common areas
and facilities shall not be separated from the unit to which it appertains
and shall be deemed to be conveyed or encumbered with the unit even
though such interest is not expressly mentioned or described in the con-
veyance or other instrument. The common areas and facilities shall re-
main undivided and no unit owner or any other person shall bring any
action for partition or division of any part thereof, unless the property
has been removed from the provisions of this chapter as provided in sec-
tions 15 and 25 thereof. Any covenant to the contrary shall be null and
void. Each unit owner may use the common areas and facilities in ac-
cordance Avith the purpose for which they were intended without hinder-
ing or encroaching upon the lawful rights of the other unit owners. The
necessary work of maintenance, repair and replacement of the common
areas and facilities and the making of any additions or improvements
thereto shall be carried out only as provided herein and in the by-laws.
The association of unit owners shall have the irrevocable right, to be
exercised by the manager or board of directors, to have access to each unit
from time to time during reasonable hours as may be necessary for the
maintenance, repair or replacement of any of the common areas and fa-
cilities therein or accessible therefrom, or for making emergency repairs
therein necessary to prevent damage to the common areas and facilities or
to another unit or units.
479-A:6 Compliance with Covenants, By-laws and Administrative
Provisions. Each unit owner shall comply strictly ^vith the by-laws and
with the administrative rules and regulations adopted pursuant thereto,
as either of the same may be lawfully amended from time to time, and
with the covenants, conditions and restrictions set forth in the declara-
tion or in the deed to his unit. Failure to comply with any of the same
shall be ground for an action to recover sums due, for damages or in-
junctive relief or both maintainable by the manager or board of directors
on behalf of the association of unit owners or, in a proper case, by an
aggrieved unit owner.
479-A:7 Certain Work Prohibited. No unit o^vner shall do any
work which would jeopardize the soundness or safety of the property, re-
duce the value thereof or impair any easement or hereditament a\ ithout
in every such case the unanimous consent of all the other unit owners
being first obtained.
479-A:8 Liens Against Units; Removal from Lien; Effect of Part
Payment. Subsequent to recording the declaration as provided in this
144 Chapter 155 [1965
chapter, and Avhile the property remains subject to this chapter, no lien
shall thereafter arise or be effective against the property. During such
period liens or encumbrances shall arise or be created only against each
unit and the percentage of undivided interest in the common areas and
facilities, appurtenant to svich unit, in the same manner and under the
same conditions in every respect as liens or encumbrances may arise or
be created upon or against any other separate parcel of real property
subject to individual ownership; provided that no labor performed or
materials fmnished with the consent or at the request of a unit owner
or his aoent or his contractor or subcontractor, shall be the basis for the
filing of a lien pursuant to the lien law against the unit or any other prop-
erty of any other unit owner not expressly consenting to or requesting
the same, except that such express consent shall be deemed to be given
by the owner of any unit in the case of emergency repairs thereto. Labor
performed or materials furnished for the common areas and facilities, if
duly authorized by the association of unit owners, the manager or board
of directors in accordance Tvith this chapter, the declaration or by-laws,
shall be deemed to be performed or furnished with the express consent
of each unit owner and shall be the basis for the filing of a lien pursuant
to the lien law against each of the units and shall be subject to the provi-
sions of this section. In the event a lien against two or more units be-
comes effective, the unit owners of the separate units may remove their
unit and the percentage of undivided interest in the common areas and
facilities appurtenant to such unit from the lien by payment of the frac-
tional or proportional amounts attributable to each of the units affected.
Such individual payment shall be computed by reference to the percent-
ages appearing on the declaration. Subsequent to any such payment, dis-
charge or other satisfaction the unit and the percentage of undivided
interest in the common areas and facilities appurtenant thereto shall
thereafter be free and clear of the lien so paid, satisfied or discharged.
Such partial payment, satisfaction or discharge shall not prevent the lienor
from proceeding to enforce his rights against any unit and the percentage
of undivided interest in the common areas and facilities appurtenant
thereto not so paid, satisfied or discharged.
479-A:9 Common Profits and Expenses. The common profits of the
property shall be distributed among, and the common expenses shall be
charged to, the unit owners according to the percentage of the undivided
interest in the common areas and facilities.
479-A:10 Contents of Declaration. The declaration shall contain the
following particulars:
I. Description of the land on which the building and improvements
are or are to be located.
II. Description of the building, stating the number of stories and
basements, the number of units and the principal materials of ^vhich it is
or is to be constructed.
1965] Chapter 155 145
III. The unit number of each unit, and a statement of its location,
approximate area, number of rooms, and immediate common area to
which it has access, and any other data necessary for its proper identifica-
tion.
IV. Description of the common areas and facilities.
V. Description of the limited common areas and facilities, if any,
statino- to which units their use is reserved.
VI. Value of the property and of each unit, and the percentage of
undivided interest in the common areas and facilities appertaining to each
unit and its owner for all purposes, including voting.
VII. Statement of the purposes for which the building and each of
the units are intended and restricted as to use.
VIII. The name of a person to receive service of process in the cases
hereinafter provided, together with the residence or place of business of
such person which shall be within the county in which the building is
located.
IX. Provision as to the percentage of votes by the unit owners which
shall be determinative of whether to rebuild, repair, restore, or sell the
property in the event of damage or destruction of all or part of the prop-
erty.
X. Any further details in connection with the property which the
person executing the declaration may deem desirable to set forth con-
sistent -with the provisions of this chapter.
479-A:ll Contents of Deeds of Units. Deeds of units shall include
the following particulars:
I. Description of the land as provided in section 10 of this chapter,
or the post office address of the property, including in either case the vol-
ume, page and date of recording of the declaration.
II. The unit number of the unit in the declaration and any other
data necessary for its proper identification.
III. Statement of the use for ^vhich the unit is intended and restric-
tions on its use.
IV. The percentage of undivided interest appertaining to the unit
in the common areas and facilities.
V. Any further details which the grantor and grantee may deem
desirable to set forth consistent with the declaration and this chapter.
479-A:12 Copy of the Floor Plans to Be Filed. Simultaneously with
the recording of the declaration there shall be filed in the office of the
recording officer a set of the floor plans of the building showing the lay-
out, location, unit numbers and dimensions of the units, statins; the name
of the building or that it has no name, and bearing the verified statement
of a registered architect or licensed professional engineer certifying that
it is an accurate copy of portions of the plans of the building as filed with
146 Chapter 155 [1965
and appro^■ed by the municipal or other governmental subdivision having
jurisdiction over the issuance of permits for the construction of build-
ings, if any. If such plans do not include a verified statement by such
architect or engineer that such plans fully and accurately depict the lay-
out, location, unit numbers and dimensions of the units as built, there
shall be recorded prior to the first conveyance of any unit an amendment
to the declaration to -^vhich shall be attached a verified statement of a
registered architect or licensed professional engineer certifying that the
plans theretofore filed, or being filed simultaneously with such amend-
ment, fully and accurately depict the layout, location, unit numbers and
dimensions of the units as built. Such plans shall be kept by the record-
ing officer, indexed in the same manner as a conveyance entitled to record,
each designated "unit ownership," with the name of the building, if any,
and each containing a reference to the volume, page and date of record-
ing of the declaration. Correspondingly, the record of the declaration shall
contain a cross reference to the floor plans of the building effected thereby.
479-A:13 Blanket Mortgages and Other Blanket Liens Affecting a
Unit at Time of First Conveyance. At the time of the first conveyance of
each unit, every mortgage and other lien affecting such unit, including
the percentage of undivided interest of the unit in the common areas and
facilities, shall be paid and satisfied of record, or the unit being conveyed
and its percentage of undivided interest in the common areas and facili-
ties shall be released therefrom by partial release duly recorded.
479-A:14 Recording. The declaration, any amendment or amend-
ments thereof, any instrument by which the provisions of this chapter
may be waived, and every instrument affecting the property or any unit
shall be entitled to be recorded. Neither the declaration nor any amend-
ment thereof shall be valid unless duly recorded. In addition to the rec-
ords and indexes required to be maintained by the recording officer, the
recording officer shall maintain an index or indexes whereby the record
of each declaration contains a reference to the record of each conveyance
of a unit affected by such declaration, and the record of each conveyance
of a unit contains a reference to the declaration of the building of which
such unit is a part.
479-A:15 Removal From Provisions of This Chapter. All of the
unit owners may remove a property from the provisions of this chapter
by an instrument to that effect, duly recorded, provided that the holders
of all liens affecting any of the units consent thereto or agree, in either
case by instruments duly recorded, that their liens be transferred to the
percentage of the undivided interest of the unit owner in the property
as herein provided. Upon removal of the property from the provisions
of this chapter, the property shall be deemed to be owned in common
by the unit owners. The undivided interest in the property owned in
common which shall appertain to each unit owner shall be the percentage
1965] Chapter 155 147
of undivided interest previously owned by such owner in the common
areas and facilities.
479-A:16 Removal No Bar to Subsequent Resubmission. The re-
moval provided for in the preceding section shall in no way bar the sub-
sequent resubmission of the property to the provisions of this chapter.
479-A:17 By-laws. The administration of every property shall be
governed by by-laws, a true copy of which shall be annexed to the declara-
tion and made a part thereof. No modification of or amendment to the
by-laws shall be valid unless set forth in an amendment to the declaration
and such amendment is duly recorded.
479-A:18 Contents of By-laws. The by-laws may provide for the fol-
lowing:
I. The election from among the unit owners of a board of directors,
the number of persons constituting the same, and that the terms of at
least one-third of the directors shall expire annually; the powers and
duties of the board; the compensation, if any, of the directors; the method
of removal from office of directors; and whether or not the board may
engage the services of a manager or managing agent.
II. Method of calling meetings of the unit owners; what percentage,
if other than a majority of unit owners shall constitute a quorum.
III. Election of a president from among the board of directors who
shall preside over the meetings of the board of directors and of the asso-
ciation of unit owners.
IV. Election of a secretary who shall keep the minute book wherein
resolutions shall be recorded.
V. Election of a treasurer who shall keep the financial records and
books of account.
VI. Maintenance, repair and replacement of the common areas and
facilities and payments therefor, including the method of approving pay-
ment vouchers.
VII. Manner of collecting from the unit owners their share of the
common expenses.
VIII. Designation and removal of personnel necessary for the main-
tenance, repair and replacement of the common areas and facilities.
IX. Method of adopting and of amending administrative rules and
regulations governing the details of the operation and use of the common
areas and facilities.
X. Such restrictions on and requirements respecting the use and
maintenance of the units and the use of the common areas and facilities,
not set forth in the declaration, as are designed to prevent unreasonable
interference with the use of their respective units and of the common
areas and facilities by the several unit owners.
148 Chapter 155 [1965
XL The percentage of votes required to amend the by-laws.
XII. Other provisions as may be deemed necessary for the adminis-
tration of the property consistent with this chapter.
479-A:19 Books of Receipts and Expenditures; Availability for Ex-
amination. The manager or board of directors, as the case may be, shall
keep detailed, accurate records in chronological order, of the receipts and
expenditures affecting the common areas and facilities, specifying and
itemizing the maintenance and repair expenses of the common areas and
facilities and any other expenses incurred. Such records and the vouchers
authorizing the payments shall be available for examination by the unit
OAvners at convenient hours of week days.
479-A:20 Waiver of Use of Common Areas and Facilities; Abandon-
ment of Unit, No unit owner may exempt himself from liability for his
contribution towards the common expenses by waiver of the use or en-
joyment of any of the common areas and facilities or by abandonment of
his unit.
479-A:21 Separate Taxation. Each unit and its percentage of un-
divided interest in the common areas and facilities shall be deemed to be
a parcel and shall be subject to separate assessment and taxation by each
assessing unit and special district for all types of taxes authorized by law
including but not limited to special ad valorem levies and special assess-
ments. Neither the building, the property nor any of the common areas
and facilities shall be deemed to be a parcel.
479-A:22 Priority of Lien. All sums assessed by the association of
unit owners but unpaid for the share of the common expenses charge-
able to any unit shall constitute a lien on such unit prior to all other liens
except only (1) tax liens on the unit in favor of any assessing unit and
special district, and (2) all sums unpaid on a first mortgage of record. Such
lien may be foreclosed by the manager or board of directors, acting on
behalf of the unit owners, in like manner as a mortgage of real property.
In any such foreclosure the unit owner shall be required to pay a reason-
able rental for the unit, if so provided in the by-laws, and the plaintiff
in such foreclosure shall be entitled to the appointment of a receiver to
collect the same. The manager or board of directors, acting on behalf of
the unit owners, shall have power, unless prohibited by the declaration,
to bid in the unit at foreclosure sale, and to acquire and hold, lease, mort-
gage and convey the same. Suit to recover a money judgment for unpaid
common expenses shall be maintainable without foreclosing or "\vaiving
the lien securing the same. Where the mortgagee of a first mortgage of
record or other purchaser of a unit obtains title to the unit as a result of
foreclosure of the first mortgage, such acquirer of title, his successors and
assigns, shall not be liable for the share of the common expenses or as-
sessments by the association of unit owners chargeable to such unit Avhich
1965] Chapter 155 149
became due prior to the acquisition of title to such unit by such acquirer.
Such unpaid share of common expenses or assessments shall be deemed
to be common expenses collectible from all of the unit owners including
such acquirer, his successors and assigns.
479-A:23 Joint and Several Liability of Grantor and Grantee for
Unpaid Common Expenses. In a voluntary conveyance the grantee of a
unit shall be jointly and severally liable with the grantor for all unpaid
assessments against the latter for his share of the common expenses up
to the time of the grant or conveyance, without prejudice to the grantee's
right to recover from the grantor the amounts paid by the grantee there-
for. However, any such grantee shall be entitled to a statement from the
manager or board of directors, as the case may be, setting forth the amount
of the unpaid assessments against the grantor and such grantee shall not
be liable for, nor shall the unit conveyed be subject to a lien for, any
unpaid assessments against the grantor in excess of the amount therein
set forth.
479-A:24 Insurance. The manager or the board of directors, if re-
quired by the declaration, by-laws or by a majority of the unit owners,
or at the request of a mortgagee having a first mortgage of record covering
a unit, shall have the authority to, and shall, obtain insurance for the
property against loss or damage by fire and such other hazards under such
terms and for such amounts as shall be required or requested. Such in-
surance coverage shall be written on the property in the name of such
manager or of the board of directors of the association of unit owners, as
trustee for each of the unit owners in the percentages established in the
declaration. Premiums shall be common expenses. Provision for such
insurance shall be without prejudice to the right of each unit owner to
insure his own unit for his benefit.
479-A:25 Disposition of Property; Destruction or Damage. If, \vith-
in sixty days of the date of the damage or destruction to all or part of the
property, it is not determined by the association of unit owners to repair,
reconstruct or rebuild, then and in that event: the property shall be
deemed to be owned in common by the unit owners; the undivided in-
terest in the property owned in common which shall appertain to each
unit owner shall be the percentage of undivided interest previously owned
by such owner in the common areas and facilities; any liens affecting any
of the units shall be deemed to be transferred in accordance with the
existing priorities to the percentage of the undivided interest of the unit
owner in the property as provided herein; and the property shall be sub-
ject to an action for partition at the suit of any unit owner, in which
event the net proceeds of sale, together with the net proceeds of the in-
surance on the property, if any, shall be considered as one fund and shall
be divided among all the unit owners in a percentage equal to the per-
centage of undivided interest owned by each owner in the property, after
150 Chapter 156 [1965
first paying out of the respective shares of the unit owners, to the extent
sufficient for the purpose, all liens on the undivided interest in the prop-
erty owned by each unit o^vner.
479-A:26 Actions. Without limiting the rights of any unit owner,
actions may be brought by the manager or board of directors, in either
case in the discretion of the board of directors, on behalf of two or more
of the unit o^vners, as their respective interests may appear, with respect
to any cause of action relating to the common areas and facilities or more
than one unit. Service of process on two or more unit owners in any ac-
tion relating to the common areas and facilities or more than one unit
may be made on the person designated in the declaration to receive serv-
ice of process.
479-A:27 Personal Application. All unit owners, tenants of such
owners, employees of owners and tenants, or any other persons that may
in any manner use property or any part thereof submitted to the provi-
sions of this chapter shall be subject to this chapter and to the declaration
and by-laws of the association of unit owners adopted pursuant to the
provisions of this chapter. All agreements, decisions and determinations
lawfully made by the association of unit owners in accordance with the
voting percentages established in the chapter, declaration or by-laws, shall
be deemed to be binding on all unit owners.
479- A: 28 Severability. If any provision of this chapter or any section,
sentence, clause, phrase or word, or the application thereof in any cir-
cumstance is held invalid, the validity of the remainder of the chapter
and of the application of any such provision, section, sentence, clause,
phrase or word in any other circumstances shall not be affected thereby.
155:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 15, 1965.]
[Effective date August 14, 1965.]
CHAPTER 156.
AN ACT TO PROVIDE FOR CUMULATIVE POCKET SUPPLEMENTS FOR REVISED
STATUTES ANNOTATED.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
156:1 Revised Statutes Annotated. The secretary of state, with the
approval of the attorney general, is authorized and directed to contract
with a competent and qualified law book publisher in the name of the
state for the editorial preparation, publication, and distribution of cumu-
lative pocket supplements to the Revised Statutes Annotated for the
1965] Chapter 157 151
statutes of a public and general nature passed at the 1967 session of the
general court and any special sessions prior to the 1967 session. The sup-
plements shall follow the general scheme used for the pocket supplements
for the 1955, 1957, 1959, 1961, 1963, and 1965 sessions of the general
court, in accordance with the contract entered into by the secretary of
state under the authority of 1955, 278:1. The provisions of RSA 8 relative
to competitive bidding for state purchases do not apply to the contract
authorized under this act.
156:2 Appropriation. The sum of eleven thousand dollars is hereby
appropriated for the purposes of this act relative to the supplements for
the 1967 session of the general court. The governor is authorized to draw
his warrant for the sum, or as much thereof as is necessary, out of any
money in the treasury not otherwise appropriated.
156:3 Takes Effect. The provisions of this act shall take effect as of
January 1, 1966.
[Approved June 15, 1965.]
[Effective date January 1, 1966.]
CHAPTER 157.
AN ACT RESTRICTING OPERATION OF MOTOR VEHICLES ON CLAM FLATS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
157:1 Clam Flats. Amend RSA 211 by inserting after section 62-b
as inserted by 1961, 186:1 the following new section: 211:62-c Motor
Vehicles Restricted from Clam Flats. No person shall operate or cause
to be operated any motor vehicle at any time on or over any clam flats
under the jurisdiction of this state. For the purposes of this act, clam
flats are defined as any tidal area that is exposed at low tide and capable
of growing clams. The provisions of this act shall not apply in cases of
emergency travel required in law enforcement or rescue operations nor
when travel is authorized by the New Hampshire port authority or New
Hampshire fish and game department for projects designed for the im-
provement of the natural resources of the state. Whoever violates any
provisions of this section shall be fined not more than one hundred dol-
lars and his fish and game licenses shall be subject to revocation for a
period not to exceed one year.
157:2 Enforcement. Amend RSA 249:27-a as inserted by 1959, 306:5
by striking out the same and inserting in place thereof the following:
249:27-a Officials. State and local law enforcement officials are author-
ized to enforce the provisions of RSA 211:62-c, 211:17-b, and 249:27-b as
inserted by Laws of 1965.
152 Chapter 158 [1965
157:3 Takes Effect. This act shall take effect upon its passage.
[Approved June 15, 1965.]
[Effective date June 15, 1965.]
CHAPTER 158.
AN ACT RELATING TO ARREST, DETENTION AND ARRAIGNMENT OF
CRIMINAL DEFENDANTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
158:1 Release or Detention. Amend RSA 594 by inserting the fol-
lowing new sections: 594:18-a Release of Persons Arrested Without War-
rant. When a peace officer makes an arrest without a ^varrant, either he
or his superior officer may release the person arrested instead of taking
him before a district or municipal court if satisfied either that there is
no ground for making a criminal complaint against such person or that
such person has been arrested for drunkenness and no further proceed-
ings are necessary. A person released as above provided shall have no right
to sue any peace officer on the ground that he was released without being
brought before a court.
594:19-a Detention of Person Arrested, (a) On Warrant. Every
officer making an arrest or holding a person in custody under a warrant
shall take the accused before the court as directed therein without un-
reasonable delay and shall there detain him for trial or examination until
relieved by the court, (b) Without Warrant. An officer arresting a person
•^s'ithout a warrant shall without unreasonable delay take him before the
court to answer a complaint for the offense.
594:20-a Place and Time of Detention. When a person is arrested
with or without a warrant he may be committed to jail, to the house of
correction, to a police station or other place provided for the detention
of offenders, or otherwise detained in custody; provided however, that
he shall be taken before a district or municipal court Avithout unreason-
able delay but not exceeding twenty-four hours, Sundays and holidays
excepted, to answer for the offense.
594:2 1-a Authority of Jailer. The request of the officer making the
arrest shall be sufficient authority for the keeper of a jail, or house of cor-
rection, or police station or for any other officer or person, for keeping
the person arrested in custody agreeably to the preceding section.
158:2 Repeal. RSA 594:18, relating to release of persons arrested
without warrant; RSA 594:19, relating to detention of persons arrested
on warrant; RSA 594:20, relating to detention, night arrest; RSA 594:21,
relating to authority of jailor; RSA 594:22, relating to detention; other
1965] Chapter 159 153
cases of arrest without warrant; and RSA 594:23, relating to length of
detention, are hereby repealed.
158:3 EflEective Date. This act shall take effect sixty days after its
passage.
[Approved June 16, 1965.]
[Effective date August 15, 1965.]
CHAPTER 159.
AN ACT TO APPROPRIATE FUNDS TO PROVIDE FOR CONTINUANCE OF
PAYMENTS UNDER THE TEACHERS RETIREMENT SYSTEM.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
159:1 Appropriation. Amend RSA chapter 192 by inserting after sec-
tion 24 the following new section: 192:25 Additional Bonds and Notes.
To provide funds for continuance of the payment of the accrued liability
contribution of the state not covered by previous appropriations, the sum
of one million two hundred thousand dollars, or as much of the sum as
from time to time is necessary, is hereby appropriated. The state treasurer
is authorized, under the direction of the governor and council, to borrow
upon the credit of the state a sum not exceeding one million two hun-
dred thousand dollars, and for that purpose may issue bonds or notes
in the name and on behalf of the state. The bonds or notes issued under
this section shall be deemed a pledge of the faith and credit of the state.
I. The governor and council shall determine the form of the bonds
or notes, their rates of interest, the dates when interest shall be paid, the
dates of maturity, the places where interest and principal shall be paid,
and the time or times of issue. The bonds or notes shall be signed by the
state treasurer and counter-signed by the governor. The treasurer may
negotiate and sell the bonds or notes under the direction of the governor
and council in such a manner as they consider the most advantageous to
the state.
II. Out of the proceeds of the sale of the bonds or notes the governor
is authorized to draw his warrants for the sum appropriated by this act
for the purposes of this chapter alone, and the sum or sums shall be de-
posited in the state annuity accumulation fund to cover the cost of the
accrued liability, and may be invested with the other funds of the system.
III. The bonds or notes and interest thereon shall be a charge upon
the general fund of the state.
IV. The secretary of state and the state treasurer shall keep account
of the bonds or notes in the same manner as accounts are kept of other
bonds or notes of the state.
154 Chapter 160 [1965
V. Prior to the issuance of the bonds or notes authorized by this
section the state treasurer, ^vith the approval of the governor and council,
may for the purposes of this section borrow money from time to time on
short-term loans, which may be refunded by the issuance of the bonds
or notes authorized by this section. Provided, however, that at no time
shall the indebtedness of the state on short-term loans exceed the sum of
one million two hundred thousand dollars.
VI. The appropriation made under this section shall be a continu-
ing appropriation and shall not lapse.
159:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 16, 1965.]
[Effective date August 15, 1965.]
CHAPTER 160.
AN ACT TO INCREASE THE PUBLIC REVENUE FROM THE TAX ON BEER AND
OTHER MALT BEVERAGES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
160:1 Tax Increase. Amend RSA 181:17 by deleting the present
section 17 and substituting therefor the following new section: 181:17
Additional Fees. In addition to the fees provided for in section 16 hereof
the following fees shall be required for permits issued to wholesalers: For
each wholesaler's permit twelve cents for every gallon of beverages sold
for resale by the permittee during the preceding calendar month, to be
paid to the commission on or before the tenth day of the following month.
For the purpose of computing the fee payable under the provisions hereof
all sales at retail by a wholesale permittee holding an off-sale permit
shall be deemed to be sales for resale. Any wholesale permittee shall col-
lect from on-sale and off-sale permittees to whom he makes sales of bev-
erages the fees required under the preceding provisions hereof. For
failure to pay any part of the fees provided for herein when due, ten per
cent thereof shall be added and collected by the commission from the
wholesaler.
160:2 Tax Increase. Amend RSA 181:18 by deleting the present
section 18 and substituting therefor the following new section: 181:18
Manufacturer's Fees. In addition to the fees provided for in section 16
hereof the following fees shall be required for permits issued to any manu-
facturer: For each manufacturer's permit twelve cents for every gallon
of beverages sold by said permittee to retail permittees, during the pre-
ceding calendar month, to be paid to the commission on or before the
1965] Chapter 161 155
tenth day of the following month. In addition to the foregoing fees, the
following fees shall be required for permits issued to any manufacturer
holding an off-sale permit: For each manufacturer's permit twelve cents
for every gallon of beverages sold by said permittee at retail and not to
other permittees for resale, during the preceding calendar month to be
paid to the commission on or before the tenth day of the following month.
For failure to pay any part of the fees provided for herein when due, ten
per cent thereof shall be added and collected by the commission from
the manufacturer.
160:3 Takes Effect. This act shall take effect as of July 1, 1965.
[Approved June 16, 1965.]
[Effective date July 1, 1965.]
CHAPTER 161.
AN ACT TO REGULATE WIDTH OF LOAD ON PASSENGER TYPE MOTOR VEHICLES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
161:1 Passenger Vehicles, Width of Load Limited. Amend RSA 263
by inserting after section 65-b (supp) as inserted by 1957, 38:1 the follow-
ing new section: 263:65-c Passenger Type Vehicles, Load Width. No
passenger type vehicle that is carrying a load which extends over the sides
of the vehicle beyond the line of the fenders on the left side or extends
more than six inches beyond the line of the fenders on the right side o^
the vehicle, may be operated on any highway.
161:2 Effective Date. This act takes effect sixty days after its passage.
[Approved June 16, 1965.]
[Effective date August 15, 1965.]
CHAPTER 162.
AN ACT RELATIVE TO THE SALARY OF THE SHERIFF AND APPOINTMENT OF A
SALARIED DEPUTY SHERIFF OF SULLIVAN COUNTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
162:1 Salary of Sullivan County Sheriff. Amend RSA 104:29, as
amended by 1955, 172:1; 247:1, 1957, 156:1, 1957, 309:4, 1961, 175:1, and
1963, 129:1, by striking out the same and inserting in place thereof the
following: 104:29 Salaries of Sheriffs. The annual salaries of the sheriffs
of the several counties shall be as follows:
156 Chapter 162 [1965
I. In Strafford, two thousand dollars.
In Belknap, fifteen hundred dollars.
In Carroll, twelve hundred dollars.
In Merrimack, t^vo thousand dollars.
In Hillsborough, t^vo thousand four hundred dollars.
In Cheshire, fifteen hundred dollars.
In Grafton, eighteen hundred dollars.
In Coos, tAvo thousand dollars.
The salaries of the sheriffs of Grafton and Belknap counties shall be
paid monthly.
II. In Rockingham the annual salary of the sheriff shall be nine
thousand five hundred dollars, and in Sullivan the annual salary of the
sheriff shall be eight thousand dollars, and said salaries shall be in full
for all their services to their respective counties. Their respective counties
shall provide them with suitable transportation and they shall not be al-
lowed the established rates for mileage allowable to other sheriffs. They
shall be allowed reasonable expenses incurred during the performance
of their duties and such expenses shall be subject to the approval of a
justice of the superior court. For the service of civil writs and other process
which he may perform he shall collect the usual fees allowed for such
services and mileage and shall pay over directly to the county treasurer
all such fees and mileage charges at the end of each month. They shall in
their annual report to the county commissioners report the number of
civil writs and other process served and the total amounts collected in
fees and mileage charges paid over to the treasurer during the calendar
year.
162:2 Amiual Salary of Deputy Sheriff. Amend RSA 104 by inserting
after section 3 the following new section: 104:3-a Sullivan County: Ap-
pointment of Deputy Sheriff on Salary. The sheriff of Sullivan county
may appoint, if funds are appropriated, a deputy sheriff who shall be
paid an annual salary of five thousand dollars. Said salary shall be pay-
ment in full for all his services for the county. The county shall provide
him with suitable transportation and he shall not be allo^ved the statu-
tory rates for mileage allowable to other deputy sheriffs. He shall be
allowed reasonable expenses incurred during the performance of his
duties and his expenses shall be subject to the approval of a justice of the
superior court. For the service of civil writs and other process which he
may perform he shall collect the usual fees allowed for such services and
mileage and shall pay over directly to the county treasurer all such fees
and mileage charges at the end of each month. He shall report annually
to the sheriff the number of civil writs and other process served and the
total amounts collected in fees and mileage charges paid over to the treas-
urer during the calendar year and said report shall be incorporated in the
sheriff's annual report to the county commissioners.
1965] Chapter 163 157
162:3 Takes Effect. This act shall take effect on July 1, 1965.
[Approved June 16, 1965.]
[Effective date July 1, 1965.]
CHAPTER 163.
AN ACT PROVIDING FOR RECOMPILATION OF VOLUME 3 OF THE REVISED
STATUTES ANNOTATED.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
163:1 Revised Statutes Annotated. The secretary of state, with the
approval of the attorney general, is authorized and directed to contract
with a competent and qualified law book publisher in the name of the
state for the recompilation of volume 3 of Revised Statutes Annotated
into two volumes. The contract for recompilation shall provide for the
editorial preparation, including execution and integration of new acts,
of acts specifically or generally amending existing law, and of notes and
annotations, publication, and distribution of the two volumes, which
shall be designated 2-B and 3. The reprinting of the volumes shall follow
the general scheme for the original printing of Revised Statutes An-
notated. The provisions of RSA 8, relative to competitive bidding for
state purchases, do not apply to the contract authorized under this act.
163:2 Sales. The secretary of state, with the approval of the attorney
general, is authorized to contract with the publisher of recompiled volume
3 of the Revised Statutes Annotated for the sale of replacement volumes
2-B and 3 to the public at a price to be determined by the secretary of
state.
163:3 Distribution. The secretary of state is authorized to distribute
official bound copies of replacement volumes 2-B and 3 of the Revised
Statutes Annotated free of charge in the following manner: One copy to
each of the following officers and bodies: The governor, the president of
the senate, the speaker of the house, the members of the New Hampshire
Revision Commission, each justice and clerk of the supreme and superior
courts, each court of probate, the clerk of the supreme court of the United
States, each judge of the circuit court of the United States for this district,
the district court of the United States for this district, the United States de-
partment of justice, the Library of Congress, the New Hampshire His-
torical Society, the secretary of state, the state treasurer, the comptroller.
A sufficient number of copies to the state library for its use and for dis-
tribution to each state or territorial library of the United States on an
exchange basis, any state or territory making a charge to this state for
copies of its laws shall in a like manner be required to pay to the secretary
of state the regular price for copies of replacement volumes 2-B and 3 of
158
Chapter 164 [1965
the Revised Statutes Annotated; fourteen copies to the office of the di-
rector of legislative services, and fourteen copies to the office of the attor-
ney general. The secretary of state may distribute additional copies of
original and replacement volumes of the Revised Statutes Annotated to
state government departments, offices and agencies for official use, subject
to the approval of the Governor and Council.
163:4 Appropriation. The sum of sixteen thousand five hundred
dollars is hereby appropriated for the purposes of this act. The governor
is authorized to draw his warrant for the sum hereby appropriated, or so
much thereof as may be necessary for the purposes hereof, out of any
money in the treasury not otherwise appropriated.
163:5 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 16, 1965.]
[Effective date August 15, 1965.]
CHAPTER 164.
AN ACT RELATING TO CALCULATION OF ANNUAL AND SICK LEAVE OF
STATE EMPLOYEES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
164:1 Temporary and Seasonal State Employees. Amend RSA 98-A: 1
by inserting after paragraph II, as inserted by 1963, 309:1, the following
new paragraph: III. The equivalent of six months or more shall mean
the equivalent of one hundred thirty or more regularly scheduled -^vork
days, not necessarily consecutive, and fractions of days worked shall count
as full days whenever the duties of the position do not require a full day's
work on such days.
164:2 Accumulation. Amend RSA 99:2 by inserting after paragraph
c the following new paragraph: d. Notwithstanding the provisions of
the preceding paragraphs, all classified state employees performing regu-
larly scheduled -^vork in excess of five days per week, which shall have in-
cluded not less than a basic forty-hour work schedule, shall be entitled to
annual leave and sick leave credit for the regularly scheduled time worked,
not to exceed six days, on the basis of the following formula:
Days Per Week
5 1/4 days =13/8 ^^7^ annual leave and 13/^ days sick leave per
month
6 days := II/2 days annual leave and li/4 days sick leave per
month.
1965] Chapter 165 159
Accrued annual leave and sick leave shall not exceed a maximum
accumulative allowance on the basis of the following formula:
Annual and Maximum Maximum
Days Sick Leave Accumulative Accumulative
Per Accrued Annual Sick
Week Per Month Leave Leave
5 1/4 day week \% days 33 work days 99 ^vork days
6 day week li^^ days 36 work days 108 work days
164:3 Takes Effect. This act shall take effect July 1, 1965.
[Approved June 16, 1965.]
[Effective date July 1, 1965.]
CHAPTER 165.
AN ACT RELATIVE TO CREDIT UNIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
165:1 Credit Unions. Amend RSA 394:17 (supp) as amended by
1955, 213:1, 1959, 88:1 and 1963, 306:5 by striking out said section and
inserting in place thereof the following: 394:17 Use of Funds, While
awaiting call of its members for loans, it may deposit its money in any
cooperative bank, building and loan association, savings bank, trust com-
pany, federal savings and loan association, or national bank in this state,
or, by majority vote of the board of directors in any cooperative bank,
building and loan association, savings bank, trust company, federal sav-
ings and loan association, or national bank in New England or, ^vith like
vote, may make loans to other credit unions chartered under the laws of
this state or under the federal credit union act, provided that the lending
credit union has assets of one hundred thousand dollars or more. It may
invest any surplus funds in obligations of the United States government
or of the state or of any county, city or town of the state, issued pursuant
to authority of law. Any credit union with assets of three million dollars
or more may purchase real estate mortgages secured by real estate
^vherever situate which are guaranteed by the federal housing administra-
tion and may purchase real estate mortgages secured by real estate in this
state and in any state contiguous to this state which are guaranteed by
the United States government through the insured loan program of the
farmer's home administration. It may be an originator or participating
lender in participating loans as defined in RSA 387:1, provided that its
participation in such loans shall be within such limits as are prescribed
in RSA 394:16.
160 Chapter 166 [1965
165:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 16, 1965.]
[Effective date August 15, 1965.]
CHAPTER 166.
AN ACT RELATIVE TO HAWKERS AND PEDDLERS AT VETERANS' MEETINGS OR
CONVENTIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
166:1 Hawkers and Peddlers. Amend RSA 320 by inserting after
section 13 the following new section: 320:13-a Veterans' Conventions.
State or local licenses granted pursuant to provisions of this chapter shall
entitle a peddler or hawker to operate at meetings or con\ entions of rec-
oo-nized veterans' organizations, but only at such meetings or conventions
with the specific approval of the organization concerned.
166:2 Takes Effect. This act shall take effect upon its passage.
[Approved June 16, 1965.]
[Effective date June 16, 1965.]
CHAPTER 167.
AN ACT RELATIVE TO MOB ACTION.
Whereas there has been riotous assemblies within the state, and there
is need for legislation to bring about public safety by effective policing of
crowds and need to provide for unlawful or riotous assembly by a group,
or the inciting of unlawful or riotous assembly, now therefore
Be it Enacted by the Senate and House of Representatives in General
Court convened:
167:1 New Chapter. Amend RSA by inserting after chapter 609 the
following new chapter:
Chapter 609-A
Mob Action
609-A: 1 Mob Action. Mob action consists of any of the folloAving:
I. The use of force or violence disturbing the public peace by t^vo or
more persons acting together and without authority of law; or
II. The assembly of two or more persons to do an unlawful act; or
1965] Chapter 166 161
III. The assembly of two or more persons, without authority of law,
for the purpose of doing violence to the person or property of any one
supposed to have been guilty of a violation of the law, or for the purpose
of exercising correctional powers or regulative powers over any persons
by violence.
609-A:2 Penalty. Any person engaged in mob action shall be fined
not more than five hundred dollars, or imprisoned not more than one
year, or both.
609-A:3 Violence. Any participant in a mob action which shall by
violence inflict injury to the person or property of another shall be fined
not more than one thousand dollars, or imprisoned for not less than one
nor more than three years, or both.
609-A:4 Refusal to Withdraw. Any person present during mob ac-
tion, whether a participant in the mob action or not, who does not with-
draw on being commanded to do so by any peace officer shall be fined not
more than five hundred dollars, or imprisoned not more than one year,
or both.
609-A:5 Refusal to Aid. Any person who shall be present at a mob
action and upon request by a peace officer to assist in suppressing the mob
action refuses to assist, shall be fined not more than fifty dollars, or im-
prisoned not more than three months, or both.
609-A:6 Liability of Principal. Any person who shall promote, aid
or encourage a mob action or take any lead or direction of such mob ac-
tion, by word or act, or attempt to do so, or who shall be armed or dis-
guised therein, shall be liable criminally as a principal for any crime or
offense which may be committed by the mob, or any of them.
167:2 Repeal. RSA 609, relative to the suppression of riots, is here-
by repealed.
167:3 Offenses Against Order. Amend RSA 570:22 by striking out
the words, "twenty-five dollars" in the second line and inserting in place
thereof the words, five hundred dollars, so that said section as amended
shall read: 570:22 Penalty. A person convicted of any offense mentioned
in the preceding sections shall be fined not more than five hundred
dollars, or imprisoned not more than six months, or both,
167:4 Disorderly Persons. Amend RSA 570:25 (supp) as amended
by 1959, 5:2 by striking out the words "one hundred dollars" in the
seventh line and inserting in place thereof the words, five hundred dollars,
so that the said section as amended shall read as follows: 570:25 Vaga-
bonds or Disorderly Persons. A vagabond or disorderly person, a person
going about begging, a person using any unlawful game or play, a person
pretending to have knowledge in physiognomy or palmistry, a person
pretending for money, to tell destinies or fortunes or to discover by any
162 Chapter 168 [1965
spell or secret art where lost or stolen property may be found, a common
drunkard, pilferer, or person wanton and lascivious in speech or behavior,
shall be fined not more than five hundred dollars, or imprisoned not more
than six months, or both.
167:5 Takes Effect. This act shall take effect upon its passage.
[Approved June 17, 1965.]
[Effective date June 17, 1965.]
CHAPTER 168.
AN ACT RELATING TO PROFESSIONAL ENGINEERING.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
168:1 Biennial Reports. Amend RSA 319:10 by striking out said
section and inserting in place thereof the following: 319:10 — Records
and Reports. The board shall keep a record of its proceedings and a reg-
ister of all applications for registration, which register shall show (a) the
name, age, and residence of each applicant; (b) the date of the applica-
tion; (c) the place of business of such applicant; (d) his educational and
other qualifications; (e) whether or not an examination was required;
(f) whether the applicant was rejected; (g) whether a certificate of reg-
istration was granted; (h) the date of the action of the board; and (i) such
other information as may be deemed necessary by the board. The records
of the board shall be prima facie evidence of the proceedings of the board
set forth therein, and a transcript thereof duly certified under seal by
the secretary of the board, shall be admissible in evidence with the same
force and effect as if the original were produced. Biennially, as of June
thirtieth, the board shall submit to the governor, not later than the fol-
lowing July thirty-first, a report of its transactions of the preceding bien-
nium, and also shall transmit to him a complete statement of the receipts
and expenditures of the board. The first such report shall be due in the
year 1967.
168:2 Listings and Supplements. Amend RSA 319:12 (supp) as
amended by 1959, 38:2 by striking out said section and inserting in place
thereof the following: 319:12 Roster. A biennial roster, as of June thir-
tieth in the year of the biennial report provided for in section 10, listing
the names, registration number, qualifying branch of engineering special-
ization (not exceeding three branches) and addresses of all registered
professional engineers, shall be published by the secretary of the board
during the next following month of September, commencing in Septem-
ber, 1967. As of June thirtieth of the year following each biennial report,
a supplement to the roster shall likewise be published. Copies of this roster
and its supplement shall be mailed to each person so registered, placed
1965] Chapter 168 163
on file with the secretary of state and furnished to the public upon re-
quest and payment of a reasonable charge in an amount determined by
the board.
168:3 Certificates. Amend RSA 319:22 (supp) as amended by 1959,
38:6, by striking out said section and inserting in place thereof the fol-
lowing: 319:22 Expirations and Renewals. Certificates of registration,
including those in effect on the effective date of this act, shall expire each
year on December thirty-first beginning in 1966 and shall become invalid
on that date unless renewed. It shall be the duty of the secretary of the
board to notify every person registered under this act, of the date of the
expiration of his certificate and the amount of the fee that shall be re-
quired for its renewal for one year and the charges for delayed renewal;
such notice shall be mailed at least one month in advance of the date of
the expiration of said certificate. Rene^val may be effected at any time
during the month of December by the payment of the normal renewal
fee as determined by the board. The failure on the part of any registrant
to rene^v his certificate annually in the month of December as required
above shall not deprive such person of the right of renewal, but the fee
to be paid for the renewal of a certificate after the month of December
and before the first day of May of the following year shall be one and
one half times the normal renewal fee, and, on and after said first day of
May the fee to be paid shall be twice the normal renewal fee. The right
of renewal shall be limited to a period of two years from the date of ex-
piration of a certificate. After this period the certificate of a former regis-
trant shall become null and void, but may be reinstated by the board
after re-application, payment of a fee of fifteen dollars and after approval
of the board. The board, at its discretion, may re-examine said former
registrant.
168:4 Fees. Amend RSA 319:22-a (supp) as inserted by 1959, 38:7,
by striking out said section and inserting in place thereof the following:
319:22-a Determination of Fee. The board shall annually, prior to the
first day of December in each year, beginning in 1966, determine the nor-
mal annual fee to be paid for renewals of certificates. Said normal rene^val
fee shall not be less than two dollars nor more than five dollars.
168:5 Procedure and Fees. Amend RSA 319:19 (supp) as amended
by 1959, 38:5 by striking out said section and inserting in place thereof
the following: 319:19 Applications and Registration Fees. Applications
for registration shall be on forms prescribed and furnished by the board,
shall contain statements made under oath, showing the applicant's educa-
tion and detail summary of his technical work, and shall contain not less
than five references, of whom three or more shall be engineers having per-
sonal knowledge of his engineering experience. The registration fee for
professional engineers shall be thirty dollars, fifteen dollars of which shall
accompany application, the remaining fifteen dollars to be paid upon
164 Chapter 169 [1965
issuance of certificate. Application to take the examination in funda-
mental engineering subjects prior to completion of the requisite years
of experience in engineering work shall be accompanied by a fee of seven
dollars and fifty cents. This amount shall be credited against the total fee
required for registration as a professional engineer. Should the board
deny the issuance of the certificate of registration to any applicant the
initial fee deposited shall be retained as an application fee.
168:6 Other Registrations. Amend RSA 319:25 (supp) as amended
by 1959, 38:8 by striking out in line two the word "fifteen" and inserting
in place thereof the word, thirty, so that said section as amended shall
read as follows: 319:25 Interstate Registration. The board may, upon
application therefor, and the payment of a fee of thirty dollars, issue a
certificate of registration as a professional engineer to any person who
holds a certificate of qualification or registration issued to him by proper
authority of the National Bureau of Engineering Registration, or of any
state or territory or possession of the United States, or of any country,
provided that the applicant's qualifications meet the requirements of this
act and the rules established by the board.
168:7 Takes Effect. This act shall take effect on passage.
[Approved June 21, 1965.]
[Effective date June 21, 1965.]
CHAPTER 169.
_AN ACT TO PROVIDE ADDITIONAL RETIREMENT TO RETIRED MEMBERS OF
THE POLICEMEN'S RETIREMENT SYSTEM.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
169:1 Additional Allowances for Certain Retired Permanent Police-
men. Any retired permanent policeman whose retirement benefit under
the provisions of RSA 103 is less than one hundred dollars per month
and who retired prior to May 1, 1961, shall, beginning with the month of
January 1966, and monthly thereafter, but not beyond the month of De-
cember 1966, receive an additional monthly retirement allowance equal
to twice the amount by which his regular monthly retirement benefit is
less than one hundred dollars.
169:2 Appropriation. In addition to any other sums appropriated
for the policemen's retirement system there is appropriated by this act
the sum of three thousand six hundred nineteen dollars and twelve cents
to provide funds for the payment of the additional monthly retirement
allo^vances provided by section 1 of this act. The governor is authorized
to draw his warrant for the sum appropriated by this act out of any money
in the treasury not otherwise appropriated.
1965]
Chapter 170 165
169:3 Effective Date. This act takes effect January 1, 1966.
[Approved June 22, 1965.]
[Effective date January 1, 1966.]
CHAPTER 170.
AN ACT TO PROHIBIT THE TAKING OF LOBSTERS OR CRABS IN RYE HARBOR
OR IN THE CHANNEL OF THE HARBOR.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
170:1 Lobsters and Crabs. Amend RSA 211 by adding after section
19 the following ne^v sections:
211:19-a Rye Harbor, Prohibition. I. The taking of lobsters and
crabs in Rye Harbor by any person is forbidden. No lobster or crab trap
buoys may be placed in the harbor or the approach channel to the harbor.
A fisherman has twenty-four hours to remove his or her gear from re-
stricted areas after an authorized enforcement officer makes a verbal re-
quest to the fisherman to remove said gear. An extension may be granted
in the case of rough seas or thick fog.
II. State conservation officers and persons appointed by the New
Hampshire state port authority shall enforce the provisions of this sec-
tion, and may remove gear from the restricted area if the verbal request
authorized in paragraph I of this section is ignored.
III. Rye harbor as used in this section means the area below high
A\'ater mark inside the northeast and southwest breakwater on the seashore
at Rye, and an area west of an imaginary line beginning two hvmdred
feet seaward from the day marker on the northeast jetty on the northeast
boundary of the channel and running northeasterly at right angles to the
northeast boundary of the channel to Ragged Neck point. The approach
channel to Rye Harbor is designated as that area bounded as follows:
Beginning at the daymarker on the northeast jetty, thence extending sea-
ward to a point two hundred feet past the whistling buoy "IB" on a line
running from the point of beginning through the White Island light,
which line is the northeast boundary of the channel; thence running
south-westerly on a line at right angle to the northeast boundary of the
channel three hundred feet to a point on the southwest boundary line of
the channel; thence along the southwest boundary of the channel, which
boundary is a line parallel to and three hundred feet southwest from the
northeast boundary of the channel, to a point on the southwest boundary
which is on a line between the daymarker on the northeast jetty to the
high water mark of the seaward side of the southwest jetty. The black can
166 Chapter 171 [1965
buoy marking Trefethen's ledge is not a channel boundary for purposes
of this section.
IV. Any person who violates any provision of this section shall be
fined not less than twenty-five dollars or not more than fifty dollars and
his license to trap lobsters shall be suspended for a minimum of thirty
days.
170:2 Additional Penalty. Amend RSA 211 by inserting after section
18 the following new section: 211:18-a Penalty, Loss of License. In addi-
tion to any other penalty any lobster license holder convicted of assaulting
an enforcement officer or wilfully damaging any boat or motor used by
an enforcement officer shall lose his lobster license for one year.
170:3 Effective Date. This act takes effect upon its passage.
[Approved June 22, 1965.]
[Effective date June 22, 1965.]
CHAPTER 171.
AN ACT TO MAKE THE SALARY OF CITY, TOWN AND SCHOOL DISTRICT
EMPLOYEES SUBJECT TO TRUSTEE PROCESS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
171:1 Trustee Process. Amend the title of RSA 512:9-a (supp) as
inserted by 1959, 102:1 by striking out the same and inserting in place
thereof the following, Salary or Wages of County, City, Town, or School
District Officials or Employees. Amend said section by inserting after the
^vord "county" each time it appears in the section the words, city, town, or
school district, so that said title and section as amended shall read as fol-
lows s: 512:9-a Salary or Wages of County, City, Town, or School District
Officials or Employees. The salary or wages of any county, city, to^vn, or
school district official or employee for services rendered or labor per-
formed for the county, city, town, or school district before the service of
a writ shall be subject to trustee process. The trustee writ shall be served
upon the county, city, town, or school district treasurer who shall be
chargeable as any other trustee, providing, however, that if the writ is
duly entered in court the treasurer shall discharge himself by paying to
the clerk of that court such portion of said salary or wages as is due or
payable at the time of service of said writ on the treasurer; and provided
further, that the county, city, town, or school district treasurer shall not
be chargeable unless the wnrit shall be served upon him before the check
for such salary or wages has left his custody.
171:2 Takes Effect. This act takes effect sixty days after passage,
[Approved June 22, 1965.]
[Effective date August 21, 1965.]
1965] Chapter 172 167
CHAPTER 172.
AN ACT TO AUTHORIZE PURCHASES BY THE DIRECTOR OF THE DIVISION OF
PURCHASE AND PROPERTY WITHOUT COMPETITIVE BIDDING ON
PURCHASES OF LESS THAN FIVE HUNDRED DOLLARS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
172:1 Department of Administration and Control. Amend para-
graph XV of RSA 8:19 as amended by 1955, 201:1 by striking out the
words and figure "(1) when the purchase involves a total expenditure of
less than three hundred dollars," and inserting in place thereof the fol-
lowing, (1) when the best interests of the state would be served thereby
and the purchase involves a total expenditure of not more than five hun-
dred dollars or is a purchase in an approved class, so that said paragraph
as amended shall read as follows: XV. Require competitive bidding be-
fore making any purchase for the state pursuant to the provisions of this
chapter, except (1) "^vhen the best interests of the state would be served
thereby and the purchase involves a total expenditure of not more than
five hundred dollars or is a purchase in an approved class, (2) when, after
reasonable investigation by the director of purchase and property, it ap-
pears that any required unit or item of supply, or brand of such unit or
item, is procurable by the state from only one source, (3) when, after rea-
sonable investigation by the director of purchase and property, it appears
that any required service, unit or item of supply, or brand of such unit
or item, has a fixed market price at all sources available to the state, (4)
^vhen, in the opinion of the governor, an emergency exists of a nature
Avhich requires the immediate procurement of supplies, he may authorize
the director of purchase and property to make a purchase without com-
petitive bidding; and provided further, that where the rates filed with
and approved by the insurance commissioner are uniform, the purchase
of state insurance and public state official and employee bonds are spe-
cifically excluded from competitive bidding as to price. Provided, how-
ever, that nothing herein contained shall preclude the director of purchase
and property from inviting plans of insurance coverage from any resident
licensed insurance agent.
172:2 Department of Administration and Control. Amend RSA
8:24 as amended by 1955, 200:1 by striking out the words "no purchase
involving an expenditure of three hundred dollars or more shall be made"
and inserting in place thereof the folloAving, no purchase involving an
expenditure of more than five hundred dollars or purchase in an approved
class, so that said section as amended shall read as follows: 8:24 Non-
Competitive Purchases. Except where competitive bidding has been em-
ployed, no purchase involving an expenditure of more than five hundred
dollars or purchase in an approved class may be made by the director of
purchase and property without the written approval of the comptroller.
168 Chapter 173 [1965
In requesting such approval the director of purchase and property shall
first state in uniting his reasons for not employing competitive bidding.
If the comptroller refuses to approve any such non-competitive purchase,
the director of purchase and property may appeal to the governor for such
approval and the governor shall approve or disapprove such purchase in
\vTiting.
172:3 Effective Date. This act takes effect sixty days after its passage.
[Approved June 22, 1965.]
[Effective date August 21, 1965.]
CHAPTER 173.
AN ACT APPROPRIATING ADDITIONAL FUNDS FOR THE CONSTRUCTION OF A
RESIDENCE HALL AT THE UNIVERSITY OF NEW HAMPSHIRE,
AND TO BE LIQUIDATED FROM INCOME.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
173:1 University of New Hampshire. Amend 1963, 205:1 by strik-
ing out the Avords "one million five hundred sixty thousand dollars" and
inserting in their place the words, one million eight hundred eighty thou-
sand dollars, so that the section is amended to read as follows: 205:1
Appropriation. The sum of one million eight hundred eighty thousand
dollars is hereby appropriated for the purpose of constructing, furnishing
and equipping a residence hall at the University of New Hampshire. All
contracts for the purchase of equipment and the construction of all or any
part of said building shall be let (1) at public sealed bidding, (2) only
after an advertisement calling for bids has been published at least once in
each of two successive calendar weeks in a newspaper of general circula-
tion in New Hampshire, the first publication being not less than thirty
days prior to the date the bids will be received, and (3) to the lo\s est re-
sponsible bidder.
173:2 Change in Amount. Amend 1963, 205:2 by striking out the
words "one million five hundred sixty thousand dollars" and inserting in
their place the words, one million eight hundred eighty thousand dollars,
so that the section is amended to read as follows: 205:2 Borrowing. In
order to provide funds for the appropriation made in section 1 hereof,
the trustees of the university are hereby authorized to request the governor
and council to borrow upon the credit of the state not exceeding the sum
of one million eight hundred eighty thousand dollars.
173:3 Increase. Amend 1963, 205:3 by striking out the words "one
million five hundred sixty thousand dollars" and inserting in their place
the words, one million eight hundred eighty thousand dollars, so that the
1965]
Chapter 174 169
section is amended to read as follows: 205:3 State Bonds or Notes. The
o-overnor, upon receipt of a request from the board of trustees of the uni-
versity, and by and with the consent of the council, may direct the state
treasurer to borrow upon the faith and credit of the state a sum not ex-
ceeding one million eight hundred eighty thousand dollars for the purpose
of carrying into effect the provisions of this act, and for said purpose may
issue bonds in the name and on behalf of the state at the rate of interest
to be determined by the governor and council. The maturity dates of
such bonds shall be determined by the governor and council, but in no
case shall they be later than thirty years from the dates of issue. The bonds
shall be in such form and denomination as the governor and council shall
determine, may be registerable as to both principal and interest, shall
be signed by the treasurer and countersigned by the governor and shall
be deemed a pledge of the faith and credit of the state. The secretary of
state shall keep an account of all such bonds showing the number and
amount of each, the time of countersigning, the date of delivery to the
state treasurer and the date of maturity. The state treasurer shall keep
an accoimt of each bond showing the number thereof, the name of the
person to whom sold, the amount received from the same, the date of the
sale and the date of maturity.
173:4 Limitation. Amend 1963, 205:4 by striking out the words
"one million five hundred sixty thousand dollars" and inserting in their
place the words, one million eight hundred eighty thousand dollars, so
that the section is amended to read as follows: 205:4 Short Term Notes.
Prior to the issuance of the bonds hereunder, the state treasurer, with the
approval of the governor and council, may for the purposes hereof borrow
money from time to time on short term loans ^vhich may be refunded
by the issuance of bonds hereunder. Provided, however, that at no time
shall the indebtedness of the state on such short term loans exceed the
sum of one million eight hundred eighty thousand dollars.
173:5 Effective Date. This act takes effect upon its passage.
[Approved June 23, 1965.]
[Effective date June 23, 1965.]
CHAPTER 174.
AN ACT RELATIVE TO THE INVESTMENT OF CAPITAL RESERVE FUNDS OF CITIES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
174:1 Investment of Capital Reserve Funds. Amend RSA 34:5 by
striking out the section and inserting in its place the following: 34:5
Investment. The moneys in such fund shall be kept in a separate account
and not intermingled with the other funds of the city. Said capital reserve
170 Chapter 175 [1965
fund shall be inxested only by deposit in some savings bank or in the
sa\ ings department of a national bank or trust company, or in the shares
of a cooperative bank, building and loan association, or federal savings
and loan association, in this state or in bonds, notes or other obligations
of the United States government, or in bonds or notes of this state and
when so invested in good faith the trustees hereinafter named shall not
be liable for the loss thereof. Any interest earned or capital gains realized
on the moneys so invested shall accrue to and become a part of the fund.
Deposits in banks shall be made in the name of the city, and it shall ap-
pear upon the book thereof that the same is a capital reserve fund.
174:2 Effective Date. This act takes effect sixty days after its passage.
[Approved June 23, 1965.]
[Effective date August 22, 1965.]
CHAPTER 175.
AN ACT AMENDING THE CHECKLIST REQUIREMENTS FOR TO^VNS OVER 4,500.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
175:1 Supervisors and Checklists. Amend RSA 55:7, by striking out
the section and inserting in its place the following: 55:7 — Lai'ge ToAvns.
In towns of more than 4,500 population as shown by the last federal cen-
sus, they shall be in session for the correction of the check-list, at some
suitable place in the toxvn, two days at least before the day of election,
the last day of which shall be the Wednesday five days prior to election
and upon which day all hearings shall be finally closed. The first session
shall be upon the second Tuesday next preceding the day of election,
and shall be adjourned to such subsequent day or days as xvill permit all
claims to be heard and decided. The names of all persons not qualified to
vote on or before the final Wednesday session but who shall clearly be
qualified to vote on election day, may be added to the check-list on or
before the final Wednesday session. No additions or corrections shall be
made after midnight on Wednesday five days prior to election day, ex-
cept as provided in section 18 of this chapter. The additions and correc-
tions shall be made to the previously posted check-list on or before mid-
night on the Saturday after the final Wednesday session either by additions
or corrections to the check-list or by posting a new corrected check-list.
Notice of the day, hour, and place of each session of the board of super-
visors shall be given upon the check-lists first posted.
175:2 Effective Date. This act shall take effect sixty days after its
passage.
[Approved June 23, 1965.]
[Effective date August 22, 1965.]
1965] Chapter 176 171
CHAPTER 176.
AN ACT RELATIVE TO TRUSTEE'S COMPENSATION.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
176:1 Charitable Trusts. Amend RSA 564:21 by adding at the end
of said section the following: but in the case of trusts held exclusively for
charitable purposes the compensation shall be payable out of income
only, unless other^vise provided in the trust instrument or Avhere the
judge determines that certain unusual and nonrecurring services and
expenses such as the distribution of principal are involved that should
be charged to the corpus, so that said section as amended shall read as fol-
lows: 364:21 Compensation. A trustee shall be allowed his reasonable
expenses incurred in the execution of his trust; and unless otherwise ex-
pressly provided in the trust instrument, he shall have such reasonable
compensation for services as the judge may allow. Unless otherwise ex-
pressly provided in the trust instrument, such compensation and expenses
may be apportioned between principal and income as the judge may
determine equitable; but in the case of trusts held exclusively for charit-
able purposes the compensation shall be payable out of income only,
unless otherwise provided in the trust instrument or where the judge
determines that certain unusual and non-recurring services and expenses
such as the distribution of principal are involved that should be charged
to the corpus.
176:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 23, 1965.]
[Effective date August 22, 1965.]
CHAPTER 177.
AN ACT RELATIVE TO THE FIREMEN'S RETIREMENT SYSTEM.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
177:1 Firemen's Retirement System; Assessments. Amend RSA
102:10 by striking the entire section and inserting in place thereof the
following new section: 102:10 Assessments from Counties, Cities, To^vns,
or Precincts. At the beginning of each fiscal year the retirement board
shall assess upon the various counties, cities, towns or precincts in the
state employing permanent firemen, who have made application for the
benefits of this chapter, two per cent of the payroll of the permanent fire-
men of such county, city, town or precinct who are entitled to such bene-
fits, provided that, if the board finds that the assessment upon each
172 Chapter 178 [1965
permanent fireman's annual salary together with the assessment upon the
counties, cities, tou^ns and precincts and the contribution from the state
will not be sufficient to keep this retirement system in a sound financial
condition, the board may assess such further sum against said counties,
cities, to^vns and precincts as, in the judgment of the board, may be nec-
essary for said purpose. It shall be the duty of the treasurer or other dis-
binsing officer to pay to the retirement board the sum assessed against
said county, city, toAvn or precinct, and said county, city, town or precinct
is hereby authorized and directed to appropriate the sums necessary for
said assessments.
177:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 23, 1965.]
[Effective date August 22, 1965.]
CHAPTER 178.
AN ACT TO PROHIBIT SPILLAGE OF LOOSE MATERIAL AND FLUIDS ON
HIGHWAYS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
178:1 Spillage on Highway. Amend RSA 249 by adding at the end
the following new section: 249:51 Spillage of Material. I. No vehicle
shall be driven or moved on any highv.^ay unless such vehicle is so con-
structed or loaded as to prevent any of its load from dropping, sifting,
leaking or otherwise escaping therefrom, except that sand may be dropped
for the purpose of securing traction, or water or other substance may be
sprinkled on a roadway in cleaning or maintaining such roadway. II. No
person shall operate on any highway any vehicle with any load unless said
load and any covering thereon is securely fastened so as to prevent said
covering or load from becoming loose, detached or in any manner a
hazard to other users of the highway. III. Whoever violates the provision
of this section shall be fined not more than one hundred dollars and shall
be liable to the state or town for any damage done to the highway by the
spillage. IV. The provisions of paragraphs I, II, and III of this section
shall not apply to a local farmer transporting his own farm products or
materials incidental to his farming operations where such transporting
requires incidental use of a public highway provided that such farmer
shall not thereby be relieved of his duty to exercise reasonable care in
carrying on such operations.
178:2 Effective Date. This act takes effect sixty days after its passage.
[Approved June 23, 1965.]
[Effective date August 22, 1965.]
1965] Chapter 179 173
CHAPTER 179.
AN ACT RELATIVE TO PENALTIES FOR HUNTERS SHOOTING DOMESTIC
ANIMALS.
Be it Enacted by the Senate and House of Representatives in General
Court co7ivened:
179:1 Hunters. Amend RSA 207 by inserting after section 39 the
following new section: 207:39-a Shooting Domestic Animals. Any person,
while actually engaged in hunting or the pursuit of wild animals or wild
birds, causing death, injury or damage to domestic animals shall be liable
to the owner therefor. Any person, while on a hunting trip or in pursuit
of wild animals or 'wild birds who shall cause death, injury or damage to
domestic animals through the discharge of a firearm or bow and arrow
shall have his license to hunt revoked and he shall not be granted a li-
cense to hunt for a period not to exceed five years. The provisions of this
section shall not apply to a hunter killing or injuring his own or a bor-
rowed animal or one used by another member of the same hunting party,
other than being liable to the owner therefor, nor shall they apply to a
hunter killing or injuring a domestic animal "gone wild." The director
of the fish and game department shall be empowered to make such revo-
cation and suspension of the privilege of obtaining a license, and deter-
mine the term of such suspension "^vhen, in his opinion, reasonable evi-
dence of a violation of the provisions of this statute exist.
179:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 23, 1965.]
[Effective date August 22, 1965.]
CHAPTER 180.
AN ACT PROVIDING FOR THE ACQUISITION OF A CERTAIN DAM AND WATER
RIGHTS ON THE SUNCOOK RIVER BY THE WATER RESOURCES BOARD.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
180:1 New Chapter. Amend RSA by inserting after chapter 482-A,
as inserted by 1963, 212: 1, the following new chapter:
Chapter 482-B
Acquisition of a Certain Dam and Water Rights
482-B: 1 Acquisition Authorized. For a consideration of one dollar
the New Hampshire water resources board is hereby authorized to accept
conveyance from the owners thereof the following described property for
174 Chapter 181 [1965
the purpose of improving and controlling certain water rights for the
benefit of the state. The Buck Street dam, so-called, on the Suncook River,
at the junction of Glass Street and Buck Street in the towns of Pembroke
and Ailensto\\n in Merrimack county, and the water rights, land and
other facilities connected there^vith.
482-B:2 Repairs, etc. Said board after said acquisition shall from
time to time make repairs and modifications to said dam so acquired or
rebuild as the case may be so as to best serve the interests of the state.
482-B:3 Tax Exemption. The properties hereby authorized to be
acquired by the -^v^ater resources board for the benefit of the state shall
be exempt from taxation as long as the said properties are held by the
state.
180:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 23, 1965.]
[Effective date August 22, 1965.]
CHAPTER 181.
AN ACT RELATIVE TO RETIREMENT BENEFITS FOR OFFICERS AND EMPLOYEES
OF THE LEAGUE OF NEW HAMPSHIRE ARTS AND CRAFTS AND THE NEW HAMP-
SHIRE STATE EMPLOYEES FEDERAL CREDIT UNION AND EMPLOYEES OF THE
STATE EMPLOYEES' ASSOCIATION OF NEW HAMPSHIRE.
Be'lr^nacted by the Senate and House of Representatives in General
Court convened:
181:1 The League of New Hampshire Arts and Crafts. Amend RSA
100 by inserting after section 51 (supp) as inserted by 1963, 302:2, the
follo^ving new subdivision:
Employees of The League of New Hampshire
Arts and Crafts
100:52 Participation Authorized. The League of New Hampshire
Arts and Crafts may, by resolution legally adopted in form approved by
the board of trustees of the state employees' retirement system, elect to
have its officers and employees become eligible to participate in the state
employees' retirement system. After such election, said League of New
Hampshire Arts and Crafts shall be known as an employer for the pur-
poses of this chapter. The board of trustees of the state employees' retire-
ment system shall set a date when the participation of the officers and
employees of said association shall become effective, and then such officers
and employees may become members of the state employees' retirement
system and participate therein.
1965] Chapter 181 175
100:53 Membership Requirements. Membership in the state em-
ployees' retirement system shall be optional for the officers and employees
of said League of New Hampshire Arts and Crafts who are in its service
on the date when participation becomes effective and any such officer or
employee who elects to join such system shall be entitled to a prior serv-
ice certificate covering such periods of previous service rendered to such
League of New Hampshire Arts and Crafts or the state for which such
League of New Hampshire Arts and Crafts is willing to make accrued
liability contributions. Membership shall be compulsory for all employees
entering the service of such League of New Hampshire Arts and Crafts
after the date participation becomes effective.
100:54 Reports. The chief fiscal officer of such League of New
Hampshire Arts and Crafts shall submit to the board of trustees such
information and shall cause to be performed, with respect to the em-
ployees of such League of New Hampshire Arts and Crafts who are mem-
bers of said retirement system, such duties as shall be prescribed by the
board of trustees in order to carry out the performance hereof.
181:2 The New Hampshire State Employees Federal Credit Union.
Amend RSA 100 by inserting after section 54 as inserted by section 1 of
this act the followins: new subdivision:
Employees of the New Hampshire State Employees
Federal Credit Union
100:55 Participation Authorized. The New Hampshire State Em-
ployees Federal Credit Union may, by resolution legally adopted in form
approved by the board of trustees of the state employees' retirement sys-
tem, elect to have its officers and employees become eligible to participate
in the state employees' retirement system. After such election, said Ne^v
Hampshire State Employees Federal Credit Union shall be known as an
employer for the purposes of this chapter. The board of trustees of the
state employees' retirement system shall set a date when the participation
of the officers and employees of said association shall become effective, and
then such officers and employees may become members of the state em-
ployees' retirement system and participate therein.
100:56 Membership Requirements. Membership in the state em-
ployees' retirement system shall be optional for the officers and employees
of said New Hampshire State Employees Federal Credit Union who are
in its service on the date when participation becomes effective and any
such officer or employee who elects to join such system shall be entitled
to a prior service certificate covering such periods of previous service ren-
dered to such Ne^v Hampshire State Employees Federal Credit Union or
the state for which such New Hampshire State Employees Federal Credit
Union is willing to malce accrued liability contribiuions. Membership
shall be compulsory for all employees entering the service of such New
176 Chapter 181 [1965
Hampshire State Employees Federal Credit Union after the date partici-
pation becomes effective.
100:57 Reports. The chief fiscal officer of such New Hampshire State
Employees Federal Credit Union shall submit to the board of trustees
such information and shall cause to be performed, with respect to the
employees of such New Hampshire State Employees Federal Credit Union
who are members of said retirement system, such duties as shall be pre-
scribed by the board of trustees in order to carry out the performance
hereof.
181:3 The State Employees' Association of New Hampshire. Amend
RSA 100 by inserting after section 57 as inserted by section 2 of this act
the following new subdivision:
Employees of the State Employees' Association
of New Hampshire
100:58 Participation Authorized. The State Employees' Association
of New Hampshire may, by resolution legally adopted in form approved
by the board of trustees of the state employees' retirement system, elect
to have its employees become eligible to participate in the state employees'
retirement system. After such election, said State Employees' Association
of New Hampshire shall be known as an employer for the purposes of
this chapter. The board of trustees of the state employees' retirement sys-
tem shall set a date when the participation of the employees of said asso-
ciation shall become effective, and then such employees may become
members of the state employees' retirement system and participate therein.
100:59 Membership Requirements. Membership in the state em-
ployees' retirement system shall be optional for the employees of said State
Employees' Association of New Hampshire who are in its service on the
date when participation becomes effective and any such employee who
elects to join such system shall be entitled to a prior service certificate
covering such periods of previous service rendered to such State Em-
ployees' Association of New Hampshire or the state for which such State
Employees' Association of New Hampshire is willing to make accrued
liability contributions. Membership shall be compulsory for all employees
entering the service of such State Employees' Association of New Hamp-
shire after the date participation becomes effective.
100:60 Reports. The treasurer of such State Employees' Association
of New Hampshire shall submit to the board of trustees such information
and shall cause to be performed, with respect to the employees of such
State Employees' Association of New Hampshire who are members of said
retirement system, such duties as shall be prescribed by the board of
trustees in order to carry out the performance hereof.
1965] Chapter 182 177
181:4 Takes Effect. This act shall take effect as of July 1, 1965.
[Approved June 23, 1965.]
[Effective date July I, 1965.]
CHAPTER 182.
AN ACT RELATIVE TO THE STAFF OF THE NEW HAMPSHIRE NATIONAL GUARD.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
182:1 Assistant Chief of Staff Established. Amend RSA 110-A:9 as
inserted by 1957, 147:1 by striking out the section and inserting in its
place the following: RSA 110-A:9 Staff for the National Guard. There
shall be under the adjutant general as chief of staff, an assistant chief of
staff with the rank of brigadier general, and a staff for the national guard.
The staff shall consist of such officers as shall be designated in general
orders; and it shall perform such fiuictions and duties as the adjutant
general may prescribe.
182:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 23, 1965.]
[Effective date August 22, 1965.]
CHAPTER 183.
AN ACT TO AUTHORIZE CORPORATIONS TO GUARANTEE THE DEBTS OF
OTHERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
183:1 Power to Guarantee. Amend RSA 294:4 VI by striking out
said paragraph and inserting in place thereof the following: 294:4 VI
To make contracts, give guarantees and incur liabilities, borrow money at
such rates of interest as the corporation may determine, issue its notes,
bonds and other evidences of indebtedness and secure any of its obliga-
tions by mortgage or pledge, or deed of trust, of its property and fran-
chises or any interest therein presently owned or thereafter acquired.
183:2 Takes Effect. This act shall take effect sixty days after passage.
[Approved June 23, 1965.]
[Effective date August 22, 1965.]
178 Chapter 184 [1965
CHAPTER 184.
AX ACT DESIGNATING FEBRUARY AS "AMERICAN HISTORY MONTH".
Whereas, in accordance with other states, Governor John W. King
designated February, 1965 as "American History Month", and
Whereas, with the very great historical background of New Hamp-
shire, one of the thirteen original colonies and the ninth and deciding
state to ratify the constitution of the United States and thus bring it into
being, it seems fitting and proper that New Hampshire continue the ex-
ample set by our governor, therefore
Be it Enacted by the Senate and House of Representatives in General
Court convened:
184:1 Designation. Amend RSA 227-A by inserting at the end there-
of the following new subdivision:
Designation of American History Month
227-A:5 Proclamation. The governor shall annually proclaim the
month of February as "American History Month" and shall request the
citizens of the state to observe said month with appropriate historical cere-
monies. The state historical commission may cooperate in the celebration
in such activities.
184:2 Effective Date. This act takes effect sixty days after its passage.
[Approved June 23, 1965.]
[Effective date August 22, 1965.]
CHAPTER 185.
AN ACT RELATING TO THE ESTABLISHMENT OF COMMUNITY MENTAL HEALTH
PROGRAMS AND STATE AID THEREFOR.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
185:1 Community Mental Health Programs. Amend RSA by insert-
ing after chapter 126-A, as inserted by 1961, 222:1 the following new
chapter:
Chapter 126-B
Community Mental Health Programs
126-B: 1 Declaration of Purpose. It is hereby declared to be the pur-
pose of this chapter, as a means of increasing the effectiveness of the state
1965] Chapter 185 179
program for the care and treatment of the mentally ill, to assist communi-
ties to establish and operate clinics and mental health centers in local
communities.
126-B:2 State Grants. The commissioner of health and Avelfare, with-
in the funds appropriated or made available therefor, is hereby author-
ized to make grants to assist cities, counties, towns or non-profit corpora-
tions in the establishment or operation of local mental health programs
to provide the following services; (1) diagnostic and treatment services,
(2) consultative services to schools, courts and health and welfare agencies,
(3) informational and educational services to the general public, and lay
and professional groups, (4) collaborative and cooperative services with
public health and other groups for programs of prevention of mental
illness.
126-B:3 Establishment of Programs by Municipality. Any city, coun-
ty, or town, upon consultation with the director of mental health, may
establish a community mental health services program and may establish
clinics and staff same "vvith persons specially trained in psychiatry and re-
lated fields. Such programs and clinics may be administered by a city,
county or town and the municipality may appropriate funds therefor.
126-B:4 Non-profit Corporation. Any non-profit corporation organ-
ized for the purpose of providing mental health programs may participate
in state grants under the provisions of this chapter.
126-B:5 Municipal Contributions. Any city, county or town may
raise and appropriate funds to assist a non-profit corporation administer-
ing a mental health program, provided the program has been approved by
the director of mental health.
126-B:6 Application for Assistance. Any city, county, town, or non-
profit corporation, administering a mental health services program may
apply for the assistance provided by this chapter by submitting annually
to the director of mental health its plans and budget for the next fiscal
year. No program shall be eligible for a grant hereunder unless its plans
and budget have been approved by the director of mental health or the
coordinator of community mental health services with the approval of
the director.
126-B:7 Allocation of Funds. At the beginning of each fiscal year
the commissioner of health and welfare shall allocate funds to the mental
health programs for disbursement quarterly in accordance Avith such ap-
proved plans and budgets and upon receipt of signed contract or agree-
ment with the community organization to provide the services listed in
section 2. The director of mental health reserves the risrht to audit both
the program and the financial aspects of the projects.
180 Chapter 185 [1965
126-B:8 Grants. Grants for any program shall be made on a scale of
tAvo dollars for every one dollar raised locally providing such grant of
money shall not exceed in any single year two-thirds of the total expendi-
ture for (a) salaries, (b) contract facilities and services, (c) operation, main-
tenance, service costs, (d) per diem and travel expenses of personnel; nor
shall they exceed in any fiscal year one dollar per capita of the area served
by the program. No grant shall be made for capital expenditures. Grants
may be made for expenditures for mental health services whether pro-
vided by operation of a local facility or through contract with other public
or private agencies. At the discretion of the commissioner of health and
^\''elfare with the recommendation of the director of mental health, pro-
vision may be made for those areas which are unable to meet the matching
fund requirements stated above. As an incentive to communities lacking
a mental health program to apply for assistance provided by this chapter,
the commissioner shall make a grant not to exceed seventy-five hundred
dollars to an applicant towards the expenses of its first year of operation
of a mental health program without requiring the matching funds from
the applicant and "^vithout regard to the restrictions on grants provided
by this section, if the applicant otherwise meets the requirements set forth
in this chapter. As an additional incentive, in the second year of opera-
tion of a mental health program under this chapter, the grants shall be
made on a scale of three dollars for every one dollar raised locally, and
without regard to the restrictions on grants provided by this section. In
all other years of operation, in areas not meeting federal matching fund
requirements or population density requirements and having a clinic
serving an area not closer than twenty miles to an existing clinic, the scale
of matching funds shall be three dollars for every one dollar raised locally.
In all localities the fair rental value of physical facilities furnished by a
local community shall be counted as part of the funds raised locally.
126-B:9 Uniform Fees. The coordinator of community mental health
services, with the approval of the director of mental health, shall estab-
lish a uniform schedule of fees, taking into account ability to pay, and
all community mental health programs to which a grant is made pursuant
to this chapter shall charge all recipients of their services the fees so estab-
lished, provided that no one shall be excluded from receiving said services
because of race, color, religion or inability to pay.
126-B:10 Board of Directors. Every city, county, or to^vn, or non-
profit corporation, establishing a community mental health services pro-
gram shall, before it may come within the provisions of the chapter, estab-
lish a board of directors, the membership of which shall be as representa-
tive as possible of local health departments, medical societies, hospital
boards, lay associations concerned with mental health as well as labor,
business and civic groups and the general public. Each board of directors
shall be responsible for the effective administration of its mental health
1965] Chapter 185 181
programs and shall (a) review and evaluate community mental health
services and report thereon to the director of mental health, and when in-
dicated, the public, together with recommendations for additional services
and facilities; (b) recruit and promote local financial support for the pro-
gram for private sources such as community chests, business, industrial
and private foundations, voluntary agencies and other lawful sources, and
promote public support for municipal and county appropriations; (c)
promote, arrange and implant working agreements with other social
service agencies both public and private, and with other educational and
judicial agencies; (d) review the annual plan and budget and make recom-
mendations thereon.
126-B:11 Duties of Director of Mental Health. In addition to other
powers and duties the director of mental health shall: (a) promulgate rules
and regulations governing eligibility of community mental health pro-
grams to receive state grants, prescribing standards for qualifications of
personnel and quality of professional services; (b) review and evaluate
local programs and make recommendations thereon to the board of di-
rectors; (c) provide consultative staff service to communities to assist in
ascertaining local needs and in planning and establishing community
mental health programs.
126-B:12 Federal Aid. In addition to allotment of state funds the
commissioner of health and welfare is authorized to accept grants from
the federal government for mental health services by local communities
and to distribute said funds in accordance with the terms of the Q:rant.
&'
185:2 Appropriations. For the purpose of providing funds for state
grants-in-aid under the provisions of RSA 126-B there are hereby appro-
priated for the fiscal year ending June 30, 1966 the sum of one hunclred
fifty thousand dollars and a like sum for the fiscal year ending June 30,
1967. These sums are in addition to the sums appropriated in the budget
bills for each of these two years. The sums hereby appropriated shall not
be expended for any purpose other than for purposes authorized by RSA
126-B. The sums hereby appropriated shall be a charge upon the general
funds.
185:3 Takes Effect. This act shall take effect July 1, 1965, excepting
RSA 126-B:9 which shall take effect January 1, 1966.
[Approved June 23, 1965.]
[Effective date:
R.S.A. 126-B:9 — Effective date January 1, 1966.
Remainder of act effective July 1, 1965.]
182 Chapter 186 [1965
CHAPTER 186.
AN ACT AUTHORIZING THE DEPARTMENT OF EDUCATION TO PARTICIPATE IN
THE FEDERAL PROGRAM UNDER THE VOCATIONAL EDUCATION ACT OF 1963.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
186:1 Autliorizadon. Amend RSA 188-A as inserted by 1961, 267:1
by inserting after section 12 the following ne^v section: 188-A: 13 Voca-
tional Education Act of 1963. The state board of education is hereby
designated as the sole state agency to receive federal funds and administer
state participation in the program authorized by the Vocational Educa-
tion Act of 1963, Public Law 210, 88th Congress.
186:2 Special Fund. There is hereby created in the state treasury a
special fund to be known as the vocational education act fund. All monies
granted to the state by the United States of America for the program au-
thorized by this act shall be deposited in this fund, and the money shall
be continuously available to the state board of education for expenditure
for the purposes authorized by the appropriate federal agencies, without
lapse or transfer to any other state fund. All monies granted to the state by
the United States of America and deposited in this fund shall be accounted
for separately but may be comingled with state funds. If required by the
terms of the grant from the United States of America, any unused portion
of the grant may be returned to the federal government at the end of a
fiscal period. The state treasurer is hereby designated as custodian of the
fund and he is liable on his official bond for the faithful performance of
his duties in connection with the fund.
186:3 Takes Effect. This act shall take effect upon its passage.
[Approved June 23, 1965.]
[Effective date June 23, 1965.]
CHAPTER 187.
AN ACT TO PROVIDE FOR REGISTRATION OF AND SERVICE OF PROCESS UPON
FOREIGN PARTNERSHIPS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
187:1 New Chapter. Amend RSA, Title XXVIII by inserting the
following new chapter:
1965] Chapter 187 183
Chapter 305-A
Registration of Foreign Partnerships
305-A: 1 Registration. Every foreign partnership desiring to do busi-
ness within this state, shall pay a registration fee of fifty dollars and an
annual maintenance fee of twenty-five dollars to the secretary of state on
the first business day of April following the date of registration and on
the first business day of April thereafter and continuously maintain in
this state: (a) a registered office which may or may not be the same as its
place of business in the state; and (b) a registered agent, which agent may
be the secretary of state and its successor or successors in office, or an in-
dividual resident in or a corporation authorized to do business may act
as such agent in this state; and (c) the secretary of state shall in December
of each year notify all partnerships registered hereunder of the fees to be-
come due hereunder on the first business day of April following; and shall
in April notify all partnerships who may have failed to pay the fees re-
quired hereunder.
305-A: 2 Application for Certificate of Authority. All applications
of foreign partnerships for authority to do business in this state shall be
made on forms prescribed or furnished by and filed in the office of the
secretary of state and shall be executed by a general partner of the part-
nership desiring to so register, and shall set forth: (a) the name of the
partnership, the state under which la^vs it is formed, and the post office
address with street and number, if any, of its principal office in such state;
(b) a statement registering an office and agent in this state and the address
including street and number, if any, of such registered office in this state
and the name of such registered agent in this state at such address; (c) on
compliance with the provisions of this section, the secretary of state shall
forthwith issue a certificate of authority to do business in this state, copies
of applications, certified by the secretary of state, shall be sufficient evi-
dence thereof.
305-A: 3 Noncompliance; Penalty. Any such partnership which re-
fuses to comply with the requirements of this chapter may be restrained
from further prosecution of business in this state by proceedings in equity
brought by the attorney general in the county of Merrimack and shall be
fined not more than five hundred dollars.
305-A:4 Effect. Failure to comply with the registration provisions of
this chapter shall not affect the validity of any contract ^vith such partner-
ship; but no action shall be maintained or recovery had in any of the
courts of this state by any such foreign partnership so long as it fails to
comply with the requirements of this chapter.
305-A: 5 Withdrawal from State; Fee. A foreign partnership author-
ized to do business in the state may withdraw from the state at any time.
184 Chapter 187 [1965
Such Avithdrawal shall become effective when such partnership shall have
filed in the office of the secretary of state on forms prescribed or furnished
by him signed for the partnership by a general partner thereof a statement
of withdrawal which shall set forth: (a) the name of such partnership,
the state or county under the laws of which it is formed, and the post
office address with street and number, if any, of its principal office in
such state; (b) the address including street and number, if any, of its reg-
istered office in this state and the name of its registered agent in this state
at such address; (c) a statement that it surrenders its authority to do busi-
ness in this state; (d) that it revokes the authority to make service of process
on its then registered agent and consents that service of process in any
suit, action or proceeding based upon any cause of action arising within
or without the state prior to the effective date of the withdrawal may
thereafter be made on such partnership by service thereof on the secre-
tary of state; and (e) shall be accompanied by a filing fee of five dollars.
305-A:6 Service of Process — How Made. Service of process in any
suit, action or proceeding or service of any notice or demand required
or permitted by law to be served on a foreign partnership may be made
on such partnership by service thereof on a registered agent of such part-
nership. Service of any such process or of any such notice or demand upon
a registered agent as registered agent may be made: (a) by leaving an
attested copy of such process, notice or demand in the registered office
of the registered agent during regular business hours, or (b) whenever
any foreign partnership authorized to transact or transacting business in
this state shall fail to appoint or maintain in this state a registered agent
upon whom service of legal process or service of any such notice or de-
mand may be had, or whenever service on any such registered agent can-
not -w'ith reasonable diligence and providence be made as above provided,
or ^vhenever the certificate of authority of any foreign partnership shall
be forfeited, then and in every such case the secretary of state shall be
and hereby is irrevocably authorized as the agent and representative of
such foreign partnership to accept service of any process or service of any
notice or demand required or permitted by law to be served upon such
partnership.
305-A:7 On Secretary of State. If service is made on the secretary
of state under this chapter, (a) service shall be made by leaving a copy of
the process, notice or demand and a fee of two dollars in the hands or in
the office of said secretary; (b) the fee of two dollars shall be taxed to the
plaintiff's costs if he prevails in this suit; (c) the secretary shall keep a
record of the day and hour of the service of such process; and (d) when-
ever such service has been made the secretary shall immediately give
notice thereof by mail, postage prepaid, to the partnership at its home
office as it appears in the records of the secretary of state or to such other
person or address as the partnership shall have directed by ^vaiting filed in
1965] Chapter 188 185
the office of the secretary of state and shall, within two days after such
service, send in like manner a copy of the process, notice or demand. If
any such partnership shall not have registered as required by law, the
notice herein required and the copy of the process, notice or demand shall
be forwarded to the address furnished by the person in whose behalf such
process is served. The certificate of the secretary of state that he has for-
warded notice and copies by mail as herein required shall be evidence of
the fact of forwardinsr to the address stated in such certificate and of the
time of forwarding.
305-A:8 Service. The method of service provided by this chapter is
not exclusive and service on such partnerships may be made in any other
manner provided by law.
187:2 Effective Date. This act shall take effect sixty days after pas-
sage. The provisions of this chapter shall apply to all causes of action not
otherwise barred by the applicable statute of limitations whether such
cause of action has accrued prior to the effective date of this act or shall
accrue thereafter.
[Approved June 23, 1965.]
[Effective date August 22, 1965.]
CHAPTER 188.
AN ACT TO INCREASE THE LIMIT OF OUTSTANDING BORROWING BY THE
STATE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
188:1 Outstanding Borrowing. Amend RSA 6:13 (supp) as amended
by 1959, 63:1 by striking out the same and inserting in place thereof the
following: 6:13 Borrowing Money. If money due from the state is de-
manded and there are not sufficient funds in the treasury available for
the payment of the same, the treasurer under the direction of the gov-
ernor and council is authorized to borrow on the state's credit for a period
of not more than one year, at the lowest rate of interest obtainable, such
sums as may be necessary, provided that at no time shall the indebtedness
of the state pursuant to the authority granted by this section exceed the
sum of ten million dollars.
188:2 Borrowing, Fish and Game Fund. Amend RSA 6 by inserting
after section 13 (supp) as amended by 1959, 63:1 the following new sec-
tion: 6:13-a — Fish and Game Fund. If payments of money are due from
the state fish and game fund and there are not sufficient fish and game
funds in the treasury available for the payment of the same, the treasurer
under the direction of the governor and council is authorized to borrow
186 Chapter 189 [1965
on the state's credit tor a period o£ not more than six months, at the lo^vest
rate of interest obtainable, such sums as may be necessary, provided that
at no time shall the indebtedness of the state pursuant to the authority
granted by this section exceed the sum of t^vo hundred and fifty thousand
dollars.
188:3 Effective Date. This act takes effect upon its passage.
[Approved June 23, 1965.]
[Effective date June 23, 1965.]
CHAPTER 189.
AN ACT RELATIVE TO THE NEW HAMPSHIRE CONGREGATIONAL-CHRISTIAN
CONFERENCE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
189:1 Institutional Exemptions. Amend RSA 72 by inserting after
section 23-c as inserted by 1957, 202:4 and amended by 1961, 233:2 the
following new section: 72:23-d New Hampshire Congregational-Chris-
tian Conference. The real estate and personal property oAvned by the
New Hampshire Congregational-Christian Conference, or a subsidiary
corporation thereof, occupied and used by the conference or the subsidiary
corporation to provide community housing for elderly persons, if none of
the income of profits of the community housing is used for any purpose
other than the purpose for which the housing is established. For the pur-
pose of this paragraph an elderly person is one who is sixty-tAvo years or
more of age. The age of the head of the family determines the eligibility
of the family unit in the community housing. On or before December
first of each year the owner of the community housing shall pay to the
town or city in which the property is situated, in lieu of taxes, a sum rep-
resenting ten per cent of the shelter rent received by the owner during
the preceding calendar year. For cause shown, having in mind the nature
and purpose of the corporation, the tax commission may abate all or a
portion of the payment in lieu of taxes in any year. The owner on or be-
fore June first of each year shall file Avith the tax commission in such form
as the tax commission prescribes a statement of the financial condition
of the community housing project for the preceding fiscal year, and shall
file such other information as the tax commission requires.
189:2 Effective Date. This act takes effect sixty days after its passage.
[Approved June 25, 1965.]
[Effective date August 24, 1965.]
1965] Chapter 190 187
CHAPTER 190.
AN ACT RELATIVE TO THE SALARY OF THE SHERIFF OF CHESHIRE COUNTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
190:1 Salary of Cheshire County Sheriff. Amend RSA 104:29, as
amended by 1955, 172:1, 247:1, 1957, 156:1, 309:4, 1961, 175:1, and 1963,
129:1 by striking out the entire section and inserting in its place the fol-
lowing: 104:29 I. Salaries of Sheriffs. The annual salaries of sheriffs of
the several counties shall be as follows:
In Strafford, two thousand dollars.
In Belknap, fifteen hundred dollars.
In Carroll, twelve hundred dollars.
In Merrimack, two thousand dollars.
In Hillsborough, two thousand four hundred dollars.
In Grafton, eighteen hundred dollars.
In Coos, two thousand dollars.
The salaries of the sheriffs of Grafton and Belknap counties shall be
paid monthly.
II. In Rockingham the annual salary of the sheriff shall be nine
thousand five hundred dollars. Said salary shall be payment in full for
all his services to the coiuity. The county shall provide him with suitable
transportation and he shall not be allowed the established rates for mileage
allowable to other sheriffs. He shall be allowed reasonable expenses in-
curred during the performance of his duties and such expenses shall be
subject to the approval of a justice of the superior court. For the service
of civil writs and other process which he may perform he shall collect the
usual fees allowed for such services and mileage and shall pay over directly
to the county treasurer all such fees and mileage charges at the end of
each month. He shall in his annual report to the county commissioners
report the number of civil writs and other process served and the total
amounts collected in fees and mileage charges paid over to the treasurer
during the calendar year.
III. In Sullivan the annual salary of the sheriff shall be eight thou-
sand dollars. Said salary shall be payment in full for all his services to
the county. The county shall provide him with suitable transportation
and he shall not be allowed the established rates for mileage allowable to
other sheriffs. He shall be allowed reasonable expenses incurred during
the performance of his duties and such expenses shall be subject to the
approval of a justice of the superior court. For the service of civil writs
and other process which he may perform he shall collect the usual fees'
allowed for such services and mileage and shall pay over directly to the
county treasurer all such fees and mileage charges at the end of each
month. He shall in his annual report to the county commissioners report
188 Chapter 191 [1965
the number of ci\'il writs and other process served and the total amounts
collected in fees and mileage charges paid over to the treasurer during
the calendar year.
I\^ In Cheshire the annual salary of the sheriff shall be nine thou-
sand five hundred dollars which shall be paid monthly. Said salary shall
be payment in full for all his services to the county. The county shall
provide him with suitable transportation and he shall not be allowed the
established rates for mileage allowable to other sheriffs. He shall be al-
lowed reasonable expenses incurred during the performance of his duties
and such expenses shall be subject to the approval of a justice of the su-
perior court. For the service of civil writs and other process which he may
perform he shall collect the usual fees allowed for such services and mile-
aoe and shall pay over directly to the county treasurer all such fees and
mileage charges at the end of each month. He shall in his annual report
to the county commissioners report the number of civil writs and other
process served and the total amounts collected in fees and mileage charges
paid over to the treasurer during the calendar year.
190:2 Takes Effect. This act shall take effect July 1, 1965.
[Approved June 25, 1965.]
[Effective date July 1, 1965.]
CHAPTER 191.
AN ACT INCREASING THE SALARY OF THE COUNTY COMMISSIONERS OF
SULLIVAN COUNTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
191:1 Sullivan County Commissioners. Amend RSA 28:28 (supp), as
amended by 1955, 247:4 and 269:1; 1957, 182:1 and 246:1; 1961, 80:1,
157:1 and 210:1; 1963, 94:1 and 329:2, by striking out the words "In Sul-
livan, twelve hundred dollars" and inserting in place thereof the Avords,
In Sullivan, eighteen hundred dollars, so that the section is amended to
read as follows: 28:28 Commissioners. The annual salary of each commis-
sioner of the following counties shall be as folloAvs, payable monthly by
the county:
In Rockingham, three thousand dollars.
In Strafford, fifteen hundred dollars.
In Belknap, fifteen hundred dollars.
In Carroll, twelve hundred dollars.
1965] Chapter 192 189
In Merrimack, two thousand dollars.
In Hillsborough, forty -five hundred dollars.
In Cheshire, two thousand dollars.
In Sullivan, eighteen hundred dollars.
In Grafton, eighteen hundred dollars.
In Coos, two thousand dollars.
To the foregoing sums shall be added, in all counties, a reasonable
sum for all necessary expenses, upon order of the county auditors.
191:2 Takes Effect. This act shall take effect January 1, 1966.
[Approved June 28, 1965.]
[Effective date January 1, 1966.]
CHAPTER 192.
AN ACT RELATIVE TO THE SALARY OF THE GRAFTON COUNTY ATTORNEY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
192:1 County Attorney. Amend RSA 7:35 (supp), as amended by
1955, 247:2; 1957, 34:1; 211:1; 263:1, 1959, 6:1; 1961, 107:1, 208:1, and
1963, 95:1, 329:1 by striking out the words "In Grafton, three thousand
dollars" and inserting in their place the words. In Grafton, five thousand
dollars, so that the section is amended to read as follows:
7:35 Salaries. The annual salaries of the county attorneys in the sev-
eral counties shall be as follows:
In Rockingham, three thousand dollars.
In Strafford, twenty-five hundred dollars.
In Belknap, three thousand dollars.
In Carroll, two thousand dollars.
In Merrimack, twenty-five hundred dollars.
In Hillsborough, five thousand dollars.
In Cheshire, three thousand dollars.
In Sullivan, two thousand dollars.
In Grafton, five thousand dollars.
In Coos, twenty-four hundred dollars.
192:2 Effective Date. This act takes effect January 1, 1966.
[Approved June 28, 1965.]
[Effective date January 1, 1966.]
190 Chapter 193 [1965
CHAPTER 193.
AX ACT REQUIRING REPORTING BY PHYSICIANS AND INSTITUTIONS OF
CERTAIN PHYSICAL ABUSE OF CHILDREN.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
193:1 Report of Abuse to Minor Required. Amend RSA 571 by in-
serting after section 24, as inserted by 1961, 144:1, the following new sub-
division:
Reporting Abuse Required
571:25 Purpose. The purpose of this subdivision is to provide for
the protection of children who have had physical injury inflicted upon
them and who are further threatened by the conduct of those responsible
for their care and protection. Physicians who become aware of such cases
should report them to the bureau of child welfare of the division of wel-
fare of the department of health and welfare which shall notify the appro-
priate police authority thereby causing the protective services of the state
to be brought to bear in an effort to protect the health and welfare of
these children and to prevent further abuses.
571:26 Reports by Physicians and Institutions. Any physician, includ-
ing any licensed doctor of medicine, licensed osteopathic physician, intern
and resident, having reasonable cause to suspect that a child under the age
of sixteen brought to him or coming before him for examination, care or
treatment has had serious physical injury or injuries inflicted upon him
other than by accidental means by a parent or other person responsible
for his care, shall report or cause reports to be made in accordance ^vith
the provisions of this subdivision; provided that when the attendance of
a physician with respect to a child is pursuant to the performance of serv-
ices as a member of the staff of a hospital or similar institution he shall
notify the person in charge of the institution or his designated delegate
who shall report or cause reports to be made in accordance with the pro-
visions of this subdivision.
571:27 Nature and Content of Report; to Whom Made. An oral
report shall be made immediately by telephone or otherwise, and followed
as soon thereafter as possible by a report in writing, to the bureau of child
welfare of the division of welfare of the department of health and welfare
which shall notify an appropriate police authority. Such reports shall
contain the names and addresses of the child and his parents or other
persons responsible for his care, if known, the child's age, the natme and
extent of the child's injuries (including any evidence of previous injuries),
and any other information that the physician believes might be helpful in
establishing the cause of the injuries and the identity of the perpetrator.
1965]
Chapter 194 191
571:28 Immunity from Liability. Anyone participating in good
faith in the making of a report pursuant to this subdivision shall have
immunity from any liability, civil or criminal, that might otherwise be
incurred or imposed. Any such participant shall have the same immunity
with respect to participation in any judicial proceeding resulting from
such report.
571:29 Evidence Not Privileged. Neither the physician-patient privi-
lege nor the husband-wife privilege shall be a ground for excluding evi-
dence regarding a child's injuries or the cause thereof, in any judicial
proceeding resulting from a report pursuant to this subdivision.
571:30 Penalty for Violation. Anyone knowingly and willfully vio-
lating the provisions of this subdivision shall be fined not more than five
hundred dollars.
193:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 28, 1965.]
[Effective date August 27, 1965.]
CHAPTER 194.
AN ACT CREATING A STATE COMMISSION ON THE ARTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
194:1 New Chapter. Amend RSA by inserting after chapter 19 the
following new chapter:
19-A
Commission on the Arts
19-A:1 Declaration of Policy. It is hereby found that many of our
citizens lack the opportunity to view, enjoy or participate in living the-
atrical performances, musical concerts, operas, dance and ballet recitals,
art exhibits, examples of fine architecture, and the performing and fine
arts generally. It is hereby further found that, with increasing leisure time,
the practice and enjoyment of the arts are of increasing importance and
that the general welfare of the people of the state will be promoted by
giving further recognition to the arts as a vital aspect of our culture and
heritage and as a valued means of expanding the scope of our educational
programs. It is hereby declared to be the policy of the state to join with-
private patrons and with institutions and professional organizations con-
cerned with the arts to insure that the role of the arts in the life of our
communities will continue to grow and will play an ever more significant
192 Chapter 194 [1965
part in the welfare and educational experience of our citizens. It is fur-
ther declared that all activities undertaken by the state in carrying out
this policy shall be directed toward encouraging and assisting rather than
in any ^vays limiting the freedom of artistic expression that is essential for
the A\ell-being of the arts.
19-A:2 Commission Created. A state commission, to be known as
the Ne\v Hampshire Commission on the Arts, is hereby created and estab-
lished. The commission shall consist of nine members, broadly repre-
sentative of all fields of the performing and fine arts, to be appointed by
the governor with the advice and consent of the council from among pri-
vate citizens who are Avidely known for their professional competence
and experience in connection with the performing and fine arts. In mak-
ing such appointments, due consideration shall be given to the recom-
mendations made by representative civic, educational and professional
associations and groups, concerned with or engaged in the production
or presentation of the performing and fine arts generally.
19-A:3 Terms of Office. The term of office of each member shall be
five years, provided, however, that of the members first appointed, three
shall be appointed for terms of one year, three for terms of f^vo years,
three for terms of three years. The governor shall designate a chairman
from the members of the commission, to serve as such. The chairman shall
be the chief executive officer of the commission. All vacancies shall be
filled for the balance of the unexpired term in the same manner as orig-
inal appointments.
19-A:4 Compensation. No member of the commission shall receive
any compensation for his services.
19-A:5 Duties. The duties of the commission shall be:
To stimulate and encourage throughout the state the study and pres-
entation of the performing and fine arts and public interest and partici-
pation therein;
To make such surveys as may be deemed advisable of public and
private institutions engaged within the state in artistic and cultural activi-
ties, including but not limited to, music, theatre, dance, painting, sculp-
ture, architecture, and allied arts and crafts, and to make recommenda-
tions concerning appropriate methods to encourage participation in and
appreciation of the arts to meet the legitimate needs and aspirations of
persons in all parts of the state; and
To take such steps as may be necessary and appropriate to encourage
public interest in the cultural heritage of our state and to expand the
state's cultural resources.
19-A:6 Powers. The commission is hereby authorized and empow-
ered to hold public or private hearings; to accept gifts, contributions and
1965] Chapter 195 193
bequests of unrestricted funds from individuals, foundations, corporations
and other organizations or institutions for the purpose of furthering the
educational objectives of the commission's programs; to make and sign
any agreements and to do and perform any acts that may be necessary, de-
sirable or proper to carry out the purposes of this act. The commission
may request and shall receive from any department, division, board, bu-
reau, commission or other agency of the state such assistance and data as
will enable it properly to carry out its powers and duties hereunder.
19-A:7 Reports. The commission shall make interim reports to the
governor and the legislature from time to time.
194:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 28, 1965.]
[Effective date August 27, 1965.]
CHAPTER 195.
AN ACT RELATIVE TO BAIL COMMISSIONERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
195:1 Bail Commissioners. Amend RSA 597:20 by striking out said
section and inserting in place thereof the following: 597:20 Fees. The
bail commissioners in such cases shall be entitled to a fee of two dollars
when called between the hours of nine o'clock in the morning and five
o'clock at night Monday through Friday; and a fee of four dollars when
called at any other time.
195:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 28, 1965.]
[Effective date August 27, 1965.]
CHAPTER 196.
AN ACT TO REQUIRE REGISTERS OF PROBATE TO NOTIFY REGISTERS OF DEEDS
OF DEATH OF PERSON OWNING REAL ESTATE IN THE STATE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
196:1 Register of Probate. Amend RSA 548 by inserting after section
7 the following new section: 548:7-a Record of Decedent's Real Estate.
Whenever it appears from the inventory or any other instrument per-
194 Chapter 197 [1965
taining to real estate filed with the register of probate in connection with
the administration of any estate that the estate contains real estate located
in another county within the state, the register of probate shall notify
within fifteen days, the register of deeds of the county in which the real
estate lies of the name and date of death of the decedent. A register of
deeds who receives such a notice shall record in the grantor's index of
his office the name of the decedent, his date of death, and the county in
^diich the estate is being probated. The cost for filing said notice shall be
assigned to the estate.
196:2 Effective Date. This act takes effect January 1, 1966.
[Approved June 28, 1965.]
[Effective date January 1, 1966.]
CHAPTER 197.
AN ACT RELATIVE TO TIME OF FILING FOR CITY AND TOWN ELECTIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
197:1 Non-Partisan Ballot. Amend RSA 59:73 by striking out in
line ten the words "on or before six" and inserting in place thereof the
following, no earlier than thirty-five days before and no later than five,
so that said section as amended shall read as follows: 59:73 Adoption of
Non-Partisan Ballot System. Towns may adopt a non-partisan ballot sys-
tem, as hereinafter provided, for the election of town officers under an
article in the warrant for any annual or special meeting at which action
is to be taken, and may rescind such action in like manner. If such ballot
system is adopted by a toAvn, the system shall not be in effect in said town
until the town meeting next follo^ving the meeting at which such action
is taken. In towns where this ballot system is in force, a plurality vote shall
elect. The town clerk shall prepare the ballots and all candidates for office
shall file their declarations of candidacy or petitions of nomination with
the town clerk no earlier than thirty-five days before and no later than five
o'clock in the evening of the second Monday next preceding the day of
the election.
197:2 Australian Ballot. Amend RSA 59:74 by inserting in line three
after the word "him" the following, no earlier than thirty-five days and
no later than; further amend said section by striking out in line five the
word "six" and inserting in place thereof the word, five, so that said sec-
tion as amended shall read as follo^vs: 59:74 Special Provisions. W^here
the Australian ballot system is in force at local elections a plurality shall
elect, the city or town clerk shall prepare the ballot and nominations shall
be filed with him no earlier than thirty-five days and no later than seven
1965] Chapter 198 195
days before the election. The number of days herein given shall include
Sunday and shall end on the day before election at five o'clock in the after-
noon.
197:3 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 28, 1965.]
[Effective date August 27, 1965.]
CHAPTER 198.
AN ACT RELATIVE TO APPOINTMENT OF PROCESS AGENT BY FOREIGN
CORPORATION.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
198:1 New Sections. Amend RSA Chapter 300 by inserting after
section 13 thereof the following new sections: 300:14 Appointment of
Process Agent by Foreign Corporation. If a foreign corporation makes a
contract with a resident of New Hampshire to be performed in whole or
in part by either party in New Hampshire, or if such foreign corporation
commits a tort in whole or in part in New Hampshire against a resident
of New Hampshire, such acts shall be deemed to be doing business in
New Hampshire by such foreign corporation and shall be deemed equiva-
lent to the appointment by such foreign corporation of the secretary of
the state of New Hampshire and his successors to be its true and lawful
attorney upon whom may be served all lawful process in any actions or
proceedings against such foreign corporation arising from or growing out
of such contract or tort. The making of such contract or the committing
of such tort shall be deemed to be the agreement of such foreign corpora-
tion that any process against it which is so served upon the secretary of
state shall be of the same legal force and effect as if served on the foreign
corporation at its principal place of business in the state or country where
it is incorporated and according to the law of that state or country.
300:15 Service of Process on Secretary of State. Service of process by
virtue of this section 15 and section 14 of this chapter shall be made by
leaving a copy thereof, with a fee of three dollars, in the hands or office
of the secretary of state, and such service shall be sufficient provided that
notice thereof and a copy of the process forthwith sent by registered mail,
postage prepaid, by the plaintiff or his attorney to the defendant corpora-,
tion at its principal place of business in the state or country in which it is
incorporated (which principal place of business shall be stated in such
process) and the defendant corporation's return receipt and the affidavit
of the plaintiff or his attorney of compliance therewith are appended to
196 Chapter 199 [1965
the Avrit and entered therewith. In the event that the notice and copy of
the process are not delivered to the defendant, the superior court may
order such additional notice, if any, as justice may require.
300:16 Record of Process. The secretary of state shall keep a record
of all such processes, served under section 15, which shall show the date
and hour of service.
300:17 Continuance of Action; Costs. The court in which the action
is pending may order such continuances as may be necessary to afford the
defendant reasonable opportunity to defend the action. The fee of three
dollars paid to the secretary of state by the plaintiff at the time of the
service shall be taxed in his costs if he prevails in his suit.
198:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 28, 1965.]
[Effective date August 27, 1965.]
CHAPTER 199.
AN ACT RELATIVE TO SUPERVISORY UNIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
199:1 Powers of Supervisory Unions Enlarged. Amend para-
graph I of RSA 186:11 by striking out the paragraph and inserting in its
place the following: I. Supervisory Unions. Combine the several school
districts in the state into not more than fifty supervisory unions consist-
ing of one or more school districts. Such supervisory unions legally organ-
ized shall be corporations, with power to sue and be sued, to hold and
dispose of real and personal property for the establishment of facilities
for administration and any instructional purposes, and to make necessary
contracts in relation to any function of the corporation. In forming such
unions the state board shall continue the unions theretofore formed,
when that is the reasonable thing to do, and shall dissolve supervisory
unions and form new unions when it finds that such an action promotes
the best interests of the schools.
199:2 Superintendent to Nominate Assistants. Amend RSA 189:43,
as amended by 1961, 196:4, by striking out the section and inserting in its
place the following: 189:43 Organization and Duties. The school board
of each supervisory union shall meet between April first and Jiuie first in
each year, at a time and place fixed by the chairmen of the several boards,
and shall organize by choosing a chairman, a secretary, and a treasurer.
The school board of each supervisory union, when necessary shall nom-
1965] Chapter 199 197
inate a superintendent and, upon the nomination of the superintendent
of schools, approve one or more assistant superintendents, teacher con-
sukants, and business administrators. The school board of each super-
visory union shall fix the salaries of all supervisory union personnel and
shall apportion the expense of the salaries among the several districts, and
shall certify the apportionment to tlieir respective treasurers and to the
state board of education.
199:3 Federal Assistance . Amend RSA 189 by inserting after section
43 as amended by 1961, 196:4 the following new section: 189:43-a Fed-
eral Assistance. Supervisory union boards are hereby authorized to co-
operate with the federal government or any agency thereof to request,
receive and expend federal funds for educational purposes.
199:4 Additional Salaries. Amend RSA 189:44, as amended by 1961,
196:5, by striking out the section and inserting in its place the following:
189:44 Additional Salaries. Any union may add such sum as it sees fit to
the salary of the superintendent, assistant superintendent, teacher consult-
ant, and business administrator as fixed by the state board, and in that
event the treasurer of the union shall pay such local share of the salary or
salaries into the state treasury, the proportion for each district to be as
provided by RSA 189:47.
199:5 Extension of Voting Rights. Amend RSA 189:46 by striking
out the section and inserting in its place the following: 189:46 Addi-
tional Voting Rights. In voting on the selection of supervisory union
personnel, the salaries relating thereto, and all other business required
for the operation of a supervisory union office, each district employing
more than eight full-time teachers for pay shall be entitled to one addi-
tional vote for each five teachers or major part thereof regularly employed
during the current year in excess of eight. Such additional votes shall be
cast as determined by the individual school boards or their representatives
in the supervisory union.
199:6 Districts to Share All Expenses. Amend RSA 189:47, as amend-
ed by 1961, 196:6, by striking out the section and inserting in its place the
following: 189:47 Budget. At a meeting held before January first of each
year the supervisory union board shall adopt a budget required for the
expenses of the supervisory union for the next fiscal year, which budget
may include the salary and expenses of supervisors of health, physical
education, music, art, and guidance, and any other employees, and shall
include the expenses necessary for the operation of the supervisory union.
The regularly employed office personnel of the supervisory union office
shall be deemed employees of the union in so far as payment of salaries
and contributions to the employees retirement system of the state of New
Hampshire are concerned. The supervisory union board shall apportion
the total amount of the budget among the constituent school districts in
the following manner. The basis for the apportionment shall be one-half
198 Chapter 200 [1965
on the average membership in attendance for the previous school year
and one-half on the most recent equalized valuation of the district. Prior
to January fifteenth in each year, the board shall certify to the chairman of
the school board of each constituent school district the amount so appor-
tioned. Each district ^vithin a supervisory union shall raise at the next an-
nual district meeting the sum of money apportioned to it by the supervisory
union board for the expenses of services which each district received in
connection with the union office. The provisions of this section shall not
apply to the supervisory unions comprising only one district. The super-
visory union board in adopting the budget shall not add any new service
to the supervisory union budget unless a majority of the school districts
in the supervisory union representing not less than eighty-five per cent
of the total pupils in the supervisory union have voted favorably upon
the establishment of the service. A vote to accept a new service shall not
be construed as a vote to raise and appropriate money within the meaning
of RSA 197:3.
199:7 Reports to Include Additional Personnel. Amend RSA 189:48,
as amended by 1961, 196:7, by striking out the section and inserting in
its place the following: 189:48 Reports. Each superintendent of a super-
visory union shall annually prepare a report of the total salary paid to
the superintendent showing in detail the amount paid by the state and
each local school district, and their share of same. Said report shall be
filed with the school board of each school district involved and shall be
included in the annual report of the respective school district as a sepa-
rate entry. A like report and entry shall be made for each assistant superin-
tendent, teacher consultant, and business administrator, if any is in service
in the union.
199:8 Effective Date. This act takes effect sixty days after its passage.
[Approved June 28, 1965.]
[Effective date August 27, 1965.]
CHAPTER 200.
AN ACT RELATIVE TO THE SALE OF SWEEPSTAKES TICKETS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
200:1 Authority Enlarged. Amend RSA 284:21-h (supp) as inserted
by 1963, 52:1 and amended by 1963, 200:3 by striking out the same and
inserting in place thereof the following: 284:2 1-h Authorization; Sale of
Tickets; Advertising. I. The sweepstakes commission is hereby author-
ized to contract with any licensee to conduct, within the enclosure of any
race track of a licensee where there is held a race or race meet licensed
1965] Chapter 201 199
and conducted under this chapter, but not else^vhere, not over two sweep-
takes races in each calendar year.
II. Tickets for such sweepstakes:
(a) Shall be sold by the sweepstakes commission (1) in state liquor
stores and the state liquor commission is hereby directed to cooperate
Avith the s'^veepstakes commission in the sale of such tickets, and (2) within
the enclosure of any track where a race or race meet is conducted by li-
cense issued under this chapter and the sweepstakes commission is author-
ized to request and accept the cooperation of the licensee in the sale of
such tickets therein.
(b) May be sold by the sweepstakes commission in the following lo-
cations: branch offices of the commission, to be established at the informa-
tion area adjacent to the Hampton toll station and the Hooksett toll
station, and the commission's office in Concord. Each branch office at the
Hooksett and Hampton toll stations will be in a new building to be con-
structed by the department of public works and highways in accordance
with their design and specifications. The sweepstakes commission is hereby
authorized to contract with the department of public works and highways
for the construction of these buildings, the cost of which will be a charge
against sweepstakes revenue. Tickets sold at any of the locations provided
for by this sub-paragraph shall be sold only by sweepstakes commission
employees.
III. No tickets shall be sold at any locations to minors.
IV. The SAveepstakes commission is authorized to advertise the sale
of tickets at each sales location. Any other advertising by the sweepstakes
commission of ticket sales will require prior approval of Governor and
Council.
200:2 Takes Effect. This act shall take effect on passage.
[Approved June 28, 1965.]
[Effective date June 28, 1965.]
CHAPTER 201.
AN ACT RELATIVE TO THE DISPOSAL OF GARBAGE AND REFUSE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
201:1 Offensive Matter. Amend RSA 147:13 by striking out said
section and inserting in place thereof the following: 147:13 Offensive
Matter. If a person shall place, leave, or cause to be placed or left, in or
near a highway, street, alley, public place, wharf or on a private disposal
200 Chapter 201 [1965
site except as provided in section 30-d or shall allow to be exposed un-
buried, any animal or other substance liable to become putrid or offensive,
or injurious to the public health or deposits garbage or refuse on premises
not designated as public dumping facilities in accordance with the pro-
visions of sections 23 to 29, he shall be fined not more than twenty-five
dollars, and the health officer shall remove or cause to have removed the
same. Provided that nothing herein shall be construed as affecting author-
ized collections of garbage or refuse for public dumping facilities.
201:2 Public Dumps. Amend RSA 147:24 by striking out the section
and inserting in place thereof the following: 147:24 Terms Defined. As
used in this subdivision the following words shall be construed as follows:
(1) The term "public dumping facilities" means any reasonable provisions
for the depositing or disposing of garbage or refuse by the public main-
tained by public funds. (2) The term "garbage" means all waste animal,
fish, fowl, fruit or vegetable matter produced from or resulting from the
use or storage of food for human consumption. (3) The term "refuse"
means all combustible rubbish, ashes other than fuel ashes, and ordinary
commercial wastes. Building or construction wastes and industrial wastes
as defined in RSA 149: 1 are not included as refuse.
201:3 Private Disposal Site. Amend RSA 147 by inserting after sec-
tion 30 the following new subdivision:
Private Disposal Site
147:30-a Definition. The term "private disposal site" means any site,
location, tract of land, area, building, structure or premises owned and
maintained by a person, company, corporation or interest which is used
or intended to be used for the depositing or disposing by burying, in-
cinerating or other means of garbage or refuse as defined in section 24,
provided such site is not being designated for public dumping or main-
tained by public funds.
147:30-b Prohibition — Penalty. Any person, company, corporation
or interest who operates or maintains a private disposal site within the
meaning of section 30-a and except as provided in section 30-d, shall be
fined one hundred dollars for each day of such violation after notice as
provided in section 4.
147:30-0 Injunction. In addition to the provisions of section 30-b,
the superior court, upon complaint of the health officer or the director,
division of public health services, shall have jurisdiction to restrain and
enjoin any person, company, corporation, or interest, from operating a
private disposal site and it shall be the duty of the county attorneys in
their respective counties, to enforce, and restrain the violations of this
subdivision.
1965] Chapter 202 201
147:30-d Exemption. Nothing in this subdivision shall be construed
to prohibit the maintenance of a dump site located on a person's own
property used for the express purpose of depositing garbage and refuse
from his own residence nor shall it be applicable to persons transporting
garbage for the purpose of feeding swine or other animals nor to indi-
viduals hauling or storing animal or poultry manure for use as fertilizer.
201:4 Special Provisions. Amend RSA 147 by inserting after section
28 the folloAv ing new section: 147:28-a Certain Commercial Disposal Pro-
hibited. No person, company, corporation or interest engaged in the
business of collecting and disposal of garbage or refuse, for a consideration,
from out-of-state residences or business facilities shall deposit such garbage
or refuse on a public dumping facility in this state. Whoever shall violate
a provision of this section shall be fined one hundred dollars for each
offense.
201:5 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 28 ,1965.]
[Effective date August 27, 1965.]
CHAPTER 202.
AN ACT TO REMOVE EMPLOYEES WORKING UNDER THE FEDERAL MINIMUM
WAGE LAW FROM THE PROVISIONS OF THE MINIMUM HOURLY RATE, AND TO
REMOVE CHILDREN WORKING FOR THEIR PARENTS, AND SPOUSES WORKING
FOR EACH OTHER, FROM THE PROVISIONS OF THE MINIMUM WAGE LAW.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
202:1 Hourly Rate. Amend RSA 279:26 by striking out the section
and inserting in its place the following: 279:26 Application. Sections 21
through 25 of this chapter shall not apply to employees whose employment
is subject to the provisions of the United States Fair Labor Standards Act
of 1938, as amended, and regulations or orders issued thereunder, except
that should any minimum rates established by these sections be highei
than those under the federal law they shall prevail.
202:2 Exceptions. Amend RSA 279 by inserting after section 26 as
amended by section 1 of this act the following new section: 279:26-a Ap-
plication to Parents, Spouses, Etc. The provisions of this chapter shall not
apply to a child employed by his parents, grandparents, or a person or
persons in place of his parents or grandparents, employing his own child,
grandchild or a child in his custody, who furnishes full maintenance to
such child. Nor shall the provisions apply to a spouse working for the
202 Chapter 203 [1965
other spouse on a volunteer basis when the spouse who works does not
expect or claim any pay for the work, other than the support derived from
the other spouse's profits in the business.
202:3 Effective Date. This act takes effect sixty days after its passage.
[Approved June 28, 1965.]
[Effective date August 27, 1965.]
CHAPTER 203.
AN ACT TO PROVIDE FOR THE USE OF DISTINCTIVE FLAGS OR DISTRESS SIGNALS
BY HANDICAPPED OR PARAPLEGIC OPERATORS OF MOTOR VEHICLES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
203:1 Distress Signals. Amend RSA 260 by inserting after section
18-a (supp) as inserted by 1957, 160:1 a new section as follows: 260:18-b
Distress Signals for Handicapped or Paraplegic Persons. I. The director
of safety shall make available, at no cost to the state, and shall design and
approve, a flag or other suitable distress signal to be used by persons who
are handicapped or paraplegic, or by drivers holding walking disability
identification cards. The distress signal may be displayed in an emergency
only. It shall be displayed from the driver's left front window.
II. Any person who is not a handicapped or paraplegic person or
who does not hold a walking disability identification card who uses the
above mentioned flag as a distress signal or for any other purpose who
violates any provisions of this section shall be fined not more than one
hundred dollars.
203:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 28, 1965.]
[Effective date August 27, 1965.]
CHAPTER 204.
AN ACT RELATIVE TO PAYMENT OF FEES BY FOREIGN CORPOR.\TIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
204:1 Foreign Corporations. Amend RSA 300:3 (supp) as amended
by 1955, 171:9 by striking out said section and inserting in place thereof
the following: 300:3 Fees; Appointment of Agent. Every foreign cor-
1965] Chapter 205 203
poration (except foreign insurance companies, to whom this chapter shall
not apply, and except holders of certificates of approval issued under the
provisions of sections 26 and 28 of RSA chapter 181, and corporations
otherwise specifically required to register with and consent to service of
process upon a state official) desiring to do business in this state, shall pay
a registration fee of fifty dollars and shall pay an annual maintenance
fee of thirty-five dollars payable to the secretary of state on the first busi-
ness day of April following the date of registration and on the first busi-
ness day of April thereafter, and continuously maintain in this state
(a) a registered office which may or may not be the same as its place
of business in this state; and
(b) a registered agent, which agent may be the secretary of state and
his successor or successors in office or an individual resident in or a cor-
poration authorized to do business and act as such agent in this state,
whose office is identical with such registered office.
(c) the secretary of state shall in December each year, notify all cor-
porations registered hereunder of the fees to become due hereunder on
the first business day of the April following; and shall in April notify all
corporations who may have failed to pay the fees required hereunder.
204:2 Requirements. Amend RSA 300 by inserting after section 5
as amended by 1955, 171:10 the following new section: 300:5-a Annual
Return. Every foreign corporation to which this chapter shall apply,
when making its annual return on or before April first as provided by
RSA 294:105, shall pay to the secretary of state a filing fee of fifteen dol-
lars. This fee shall be in addition to the annual maintenance fee of thirty-
five dollars required by section 3 of this chapter.
204:3 Takes Effect. This act shall take effect as of December 1, 1965.
[Approved June 28, 1965.]
[Effective date December 1, 1965.]
CHAPTER 205.
AN ACT INCREASING PENALTIES FOR VIOLATIONS OF RULES AND REGULATIONS
AT STATE FORESTS AND RESERVATIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
205:1 Public Forest Lands. Amend RSA 219:7 as amended by 1961,
223:3 by striking out said section and inserting in place thereof the fol-
lowing: 219:7 Rules and Regulations. The department of resources and
economic development is authorized to make such rules and regulations
204 Chapter 206 [1965
as it deems necessary, not inconsistent with law, concerning the use of all
state forests and reservations by the general public. Any person found
guilty of violating any of such rules and regulations may be evicted from
said lands and shall be fined not more than two hundred dollars.
205:2 Takes Effect. This act shall take effect upon passage.
[Approved June 28, 1965.]
[Effective date June 28, 1965.]
CHAPTER 206.
AN ACT RELATING TO PROPERTY HOLDINGS BY THE PEOPLE CALLED FRIENDS
OR QUAKERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
206:1 Holding Property. Amend RSA 306:11 by inserting after the
word "Quakers" in the second line the words, and each monthly meeting
thereof; further amend said section by striking out the word "five" in the
eighth line, and inserting in place thereof the w^ord ten, so that said sec-
tion is amended to read as follows: 306:11 Quakers. The standing finan-
cial committee of each monthly meeting of the people called Friends or
Quakers, and each monthly meeting thereof, shall be a body corporate,
to take and hold in succession grants and donations of real or personal
estate made to the use of such meeting, or to the use of any preparative
meeting belonging thereto, and to alien or manage such real and personal
estate according to the terms and conditions of the grants and donations,
and to prosecute and defend in any action touching the same; but the
whole income of the grants and donations shall not exceed the sum of ten
thousand dollars a year.
206:2 Takes Effect. This act shall take effect upon its passage.
[Approved June 28, 1965.]
[Effective date June 28, 1965.]
CHAPTER 207.
AN ACT RELATING TO OPERATORS' AND CHAUFFEURS' LICENSES, THE AGE OF
SCHOOL BUS OPERATORS, AND CONDUCT AFTER A MOTOR VEHICLE ACCIDENT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
207:1 Operators and Commercial Operators. Amend RSA 261:1 by
striking out the section and inserting in its place the following: 261:1
1965] Chapter 207 205
License to Operate Motor Vehicles. No person, except those hereinafter
expressly exempted shall operate any motor vehicle upon a highway in
this state unless such person has a valid license as an operator or commer-
cial operator under the provisions of this chapter. No person shall receive
an operator's license unless and until he surrenders to the division all
valid operator's licenses in his possession issued to him by any other juris-
diction. All surrendered licenses shall be returned by the division to the
issuing department together with information that licensee is now licensed
in new jurisdiction. No person shall be permitted to have more than one
valid operator's license at any time. Applications for such license may be
made by mail or otherwise to the commission on blanks prepared under
his authority. Such application shall contain the words, "This applica-
tion is signed under penalty of perjury." The proper fee shall be deposited
before the application is granted.
207:2 Cancellation of License. Amend RSA 261 by adding at the
end of the chapter a new section as follows: 261:25 Cancellation of
Minors License. The division upon receipt of satisfactory evidence of
the death of the person who signed the application of a minor for a li-
cense shall cancel such license and shall not issue a new license until such
time as a new application, duly signed and verified, is made as required
by this chapter. This provision shall not apply in the event the minor has
attained the age of eighteen years.
207:3 School Bus Operators. Amend RSA 263:29 by striking out
the word "eighteen" and inserting in its place the word, twenty-one, so
that the section is amended to read as follows: 263:29 — Age of Operator;
Certification. No person shall operate a school bus as provided in sections
25 and 27, unless he is twenty-one years of age or over and has been certi-
fied for said operation by the school board, as provided in section 28.
207:4 Conduct After Accident. Amend RSA 262-A:67 (supp) as
amended by 1957, 144:1 and 1963, 330:1 by striking out the words "forth-
with bring his vehicle to a stop, return to the scene of the accident" and
inserting in their place the words, immediately stop such vehicle at the
scene of the accident and, so that the section is amended to read as follows:
262-A:67 Conduct After Accident. Any person who is the operator of a
motor vehicle who is knowingly involved in any accident which results
in death, personal injury or damages to property, shall immediately stop
such vehicle at the scene of such accident and give to the operator of any
other vehicle involved in said accident, and to the person injured, or the
owner of the property damaged, his name and address, the number of the
driver's license, the registration number of the motor vehicle and the name
and address of each occupant thereof. If by reason of injury, absence or
removal from the place of the accident, or other cause, such injured per-
son, or operator of such other motor vehicle, or owner of the property
damaged, or any of them, is unable to understand or receive the informa-
206 Chapter 208 [1965
tion required hereunder, such information shall be given to any uni-
formed police officer arriving at the scene of the accident or immediately
to a policeman at the nearest police station. Any person operating a motor
vehicle -which is in any manner involved in an accident in which any per-
son is injured or killed, or resulting in damage to property in excess of
fifty dollars, shall within forty-eight hours after such accident report in
•waiting to the director of the division of motor vehicles the facts required
hereunder tooether -^vith a statement of the circumstances of the accident;
provided, however, that voluntary intoxication shall not constitute a de-
fense in the matter of knowledge under the provisions of this section.
Such report, the form of which shall be prescribed by the said director,
shall contain information to enable the said director to determine whether
the requirements for the deposit of security under section 5 of chapter
268 RSA, are inapplicable by reason of the existence of insurance or other
exceptions specified in that chapter. If such operator be physically or men-
tally incapable of making such report, the owner of the motor vehicle
involved in such accident or his representative shall, after learning of the
accident, forthwith make such report. The operator or the owner shall
furnish such additional relevant information as said director shall require.
The provisions of this section shall be of general application and shall not
be restricted to a public way as defined in RSA 259.
207:5 Effective Date. This act takes effect sixty days after its passage.
[Approved June 28, 1965.]
[Effective date August 27, 1965.]
CHAPTER 208.
AN ACT RELATIVE TO BENEFITS AND TAXING PROVISIONS UNDER THE
UNEMPLOYMENT COMPENSATION LAW.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
208:1 Maximum Benefits. Amend paragraph (1) of RSA 282:2-B
(supp) as amended by 1955, 7:1; 1959, 28:1; 1961, 88:7 and 228:1 and
1963, 194:3, by striking out said paragraph and inserting in place thereof
the following:
(1) The maximum weekly benefit amount and maximum benefits
payable to an eligible individual in any benefit year shall be determined
by his annual earnings, of which in each of two calendar quarters he must
have earned not less than one hundred dollars, as follows:
1965]
Chapter
208
B
C
Maximum Weekly
Maximum
Benefit Amount
Benefits
$13
$338
16
416
19
494
21
546
24
624
28
728
31
806
34
884
37
962
40
1,040
41
1,066
43
1,118
45
1,170
46
1,196
47
1,222
49
1,274
207
Annual Earnings
of Not Less Than
$600
900
1,200
1,500
1,700
2,000
2,300
2,600
2,800
3,000
3,200
3,400
3,600
3,900
4,200
4,500
208:2 Availability. Amend subsection C of RSA 282:3 (supp) as
amended by 1955, 141:8, by striking out said subsection and inserting in
place thereof the following:
C. He is ready, willing and able to accept and perform suitable work
on all the shifts, except that women shall not be disqualified for refusing
to accept work during the hours of the so-called third shift, and during
all the hours for which there is a market for the services he offers and that
he has exposed himself to employment to the extent commensurate with
the economic conditions and the efforts of a reasonably prudent man seek-
ing work.
208:3 Disqualifications. Amend subsection A of RSA 282:4 (supp)
as amended by 1955, 141:9; 1957, 118:4 and 1959, 28:2, by striking out
said subsection and inserting in place thereof the following:
A. Until the individual has earned in each of three weeks wages in
employment as defined in section 1-H, except 1-H(4) (f), (g), (q) and (r)
or wages earned in a like manner in another state, equal to or in excess of
three dollars more than his weekly benefit amount subsequent to the date;
(1) He left his work voluntarily without good cause in accordance
with rules and regulations of the commissioner. This subsection shall not
apply and benefits shall be paid without regard thereto where an unem-
ployed individual, not under a disqualification, accepts employment ^vhich
would not have been deemed suitable work under subsection A(3) of this
section and terminates such employment within a period of not more
208 Chapter 208 [1965
than four (4) consecutive weeks of employment with or without good
cause:
(2) He was discharged for misconduct connected with his work, if
so found by the commissioner;
(3) He failed, without good cause, either to apply for available, suit-
able ^vork when so directed by the employment office or the commissioner
or to accept suitable work when offered him, or to return to his customary
self-employment (if any) when so directed by the commissioner.
(a) The commissioner, in determining whether or not any Avork is
suitable for an individual, shall consider the following:
(1) The degree of risk involved to his health, safety and morals; and
(2) His physical fitness; and
(3) His prior training; and
(4) His experience; and
(5) His prospects for securing, in his labor market area, work in his
customary occupation; and
(6) The distance of the available work from his residence; and
(7) His prior earnings and length of unemployment, but his prior
earnings shall be given more weight than his length of unemployment.
(b) Notwithstanding any other provisions of this chapter, no work
shall be deemed suitable and benefits shall not be denied under this chap-
ter to any otherwise eligible individual for refusing to accept new ^vork
under any of the following conditions:
(1) If the position offered is vacant due directly to a strike, lockout,
or other labor dispute;
(2) If the wages, hours or other conditions of the "^vork are substan-
tially less favorable to the individual than those prevailing for similar
work in the locality;
(3) If as a condition of being employed the individual would be re-
quired to join a company union or to resign from or refrain from joining
any bona fide labor organization.
208:4 Repeal. Subsection B of RSA 282:4 (supp) relative to dis-
charge for misconduct connected with work, is hereby repealed.
208:5 Repeal. Subsection E of RSA 282:4 (supp) relative to suitable
work, is hereby repealed.
208:6 Interested Party. Amend subparagraph (c) of RSA 282:5-B(l)
(supp) as amended by 1955, 141:10, by striking out said subparagraph
and inserting in place thereof the following: (c) Interested party. Inter-
ested party shall be the claimant, his last employing unit or employer,
1965] Chapter 208 209
any employer whose account was or may be charged with benefits paid and
any employing unit or employer Avhenever the claimant's reason for leav-
ing their employ may be material to his claim.
208:7 Appeal Tribunal Member Per Diem. Amend paragraph (2)
of RSA 282:5-C (supp) as amended by 1955, 77:1 and 1961, 88:12, by strik-
ing out said paragraph and inserting in place thereof the following:
(2) Tenure. The appointed members shall serve at the pleasure of
the commissioner and shall be paid twenty-five dollars for each day or any
part thereof during which they perform services at the request of the
commissioner and shall be reimbursed for all expenses determined by the
commissioner to be necessary to the performance of their duties.
208:8 Contribution Rates. Amend paragraph (4) of RSA 282:6-D
(supp )as amended by 1955, 7:3 and 141:13, by striking out said paragraph
and inserting in place thereof the following:
(4) (a) No employer shall be entitled to a contribution rate of less
than 2.7 per centum for any calendar quarter unless the balance of the
unemployment compensation fund throughout the next preceding calen-
dar quarter exceeded eighteen million dollars.
(b) No employer shall be entitled to a contribution rate less than
the rates delineated in Schedule I of subsection (8) of this section unless
the unemployment compensation fund throughout the next preceding
calendar quarter exceeded twenty million dollars.
(c) No employer shall be entitled to a contribution rate less than
the rates delineated in Schedule II of subsection (9) of this section unless
the unemployment compensation fund throughout the next preceding
calendar quarter exceeded twenty-four million dollars.
(d) There shall be added in any calendar quarter to every employer's
contribution rate as delineated in subsections (9) and (10) of this section
.15 per centum whenever the unemployment compensation fund fails to
equal or exceed twenty-four million dollars throughout fifty days of the
next preceding calendar quarter.
(e) There shall be added in any calendar quarter to every employer's
contribution rate as delineated in subsections (9) and (10) of this section
.3 per centum whenever the unemployment compensation fund fails to
equal or exceed twenty-two million dollars but is greater than twenty
million dollars throughout fifty days of the next preceding calendar
quarter.
(f) There shall be subtracted in any calendar quarter from every
employer's contribution rate as delineated in subsections (9) and (10) of
this section .15 per centum whenever the unemployment compensation
fund equals or exceeds twenty-seven million dollars within the next pre-
ceding calendar quarter.
210 Chapter 208 [1965
(g) There shall be subtracted in any calendar quarter from every
employer's contribution rate as delineated in subsections (9) and (10) of
this section .3 per centum whenever the unemployment compensation
fund equals or exceeds twenty-nine million dollars ^vithin the next pre-
ceding calendar quarter.
(h) There shall be subtracted in any calendar quarter from every
employer's contribution rate as delineated in subsections (9) and (10) of
this section .5 per centum whenever the unemployment compensation
fund equals or exceeds thirty-one million dollars within the next pre-
ceding calendar quarter.
(i) The increases and decreases in contribution rates provided in
subparagraphs (a) through (h) above shall be individual and not cumu-
lative.
(j) Notwithstanding subparagraphs (a) through (i) abovf, no em-
ployer shall be entitled to a contribution rate of less than .15 per centum
at any time.
208:9 Experience Period, Election. Amend RSA 282: 6-D (supp) by
inserting after paragraph (10) the following new paragraph (11):
(11) Notwithstanding any other provision of this chapter, an em-
ployer whose contribution rate is determined to be 3.5 per centum or
more may, on or before a computation date, elect to have his contribution
rate thereafter computed on each computation date solely on the then
most recent five calendar years' experience. Such election by an employer
shall be irrevocable. Provided, that in the event of such election, no rate
shall be assigned lower than 2.7 per centum at any time thereafter.
208:10 Commissioner and Deputy. Amend section 9 of RSA 282 by
inserting after subsection F the following new subsection:
F-1. Bonds. The commissioner and the deputy commissioner shall
each give a bond conditioned upon the faithful performance of his duties
under this chapter, in the amount of one hundred fifty thousand dollars.
Premiums for such bonds shall be paid from the unemployment compen-
sation and employment service administration fund and purchased by
the division of purchase and property.
208:11 Records and Reports. Amend paragraph (1) of RSA 282:9-M
(supp) as amended by 1955, 141:15 by striking out said paragraph and
inserting in place thereof the following: (1) Each employing unit shall
keep true and accurate work records, for such periods of time and con-
taining such information as the commissioner may, by regulations, pre-
scribe. Such records shall be open to inspection and subject to be copied
or reproduced by the commissioner, or his authorized representatives in
this state at any reasonable time and as often as may be necessary at a
place selected by the commissioner. The commissioner may, at his discre-
1965] Chapter 208 211
tion, notify any employer of the prospective benefit rights of any indi-
vidual in his employ. The commissioner may upon petition for cause
authorize such records as he requires be maintained to be physically lo-
cated in a state other than New Hampshire; however, when such petition
is allowed, such records may, in the sole judgment of the commissioner,
be examined at the department administrative office in this state or at
their location outside this state. Where examination occurs outside this
state a penalty equal to all costs attendant thereupon, solely as computed
by the commissioner, shall be paid by the employer to the department.
208:12 Use of Records. Amend paragraph (7) of RSA 282:9-M (supp)
as amended by 1957, 118:12, by striking out said paragraph and inserting
in place thereof the following: (7) No records of any type in any form
whether copies, compilations or reproductions pertaining to any indi-
vidual or employing unit obtained in the course of or growing out of the
administration of this chapter, or oral testimony relative thereto, as to
either a specific person or in general shall be available for use in any pro-
ceeding, administrative or judicial; except that a necessary party to a
proceeding directly and primarily concerned with workmen's compensa-
tion or an employer-employee relationship may by the use of valid judi-
cial process obtain such records as directly relate to the necessary parties
to the proceeding, and otherwise as is provided by this chapter. In matters
unrelated to those enumerated above, such records and oral testimony
shall be available for use in any proceeding, administrative or judicial,
where the state is a necessary party. No oral or written policy statements,
opinions, advice, instructions or information of the department as to a
specific person or in general shall be available for use in any proceeding,
administrative or judicial through any means and any process which at-
tempts to obtain such shall be null and void.
208:13 Advisory Council Member Per Diem. Amend the third para-
graph of subsection R of RSA 282:9 (supp) as amended by 1955, 77:2 by
striking out said paragraph and inserting in place thereof the following:
Each member of the advisory council shall be paid a fee of thirty dollars
per day, for each day of actual attendance at called meetings of the ad-
visory council, and shall also be reimbursed for necessary travel and other
necessary expenses.
208:14 Superior Court. Amend RSA 491:8-a (supp) as inserted by
1959, 264:1 and amended by 1965, 139:1 by striking out the same and in-
serting in place thereof the following: 491:8-a Motions for Summary
Judgment. In any action founded on contract or arising under the pro-
visions of RSA 282 in which the plaintiff seeks to recover a debt or liqui-
dated demand, either party may, at any time after the defendant has
appeared, move for immediate entry of judgment, setting forth with par-
ticulars his cause of action or his defense. This motion shall be accom-
panied by affidavits based upon personal knowledge of admissible facts
212 Chapter 209 [1965
as to ^vhich it appears affirmatively that the affiants "^vill be competent to
testify. The facts stated in accompanying affidavits shall be taken to be
admitted for the purpose of the motion unless within fifteen days con-
tradictory affidavits based on personal knowledge are filed or the oppos-
ing party shall file an affidavit showing specifically and clearly reasonable
grounds for believing that contradictory evidence can be presented at a
trial but cannot be furnished by affidavits. If such affidavits are not filed
by the opposing party within said fifteen days, judgment shall be entered
on the next judgment day in accordance with the facts. Copies of all mo-
tions and affidavits shall upon filing be furnished opposing counsel. If
affidavits are filed but it shall appear upon hearing that no genuine issue
of material fact exists, judgment may be entered accordingly.
208:15 Maximum Entitlement. For the purpose of determining
maximum benefit entitlement under section 1 of this act benefits paid
to an individual with respect to all weeks ending subsequent to April 1,
1965 through October 2, 1965 shall be deemed to have been paid at the
rates as provided in section 1 of this act.
208:16 Takes Effect. Sections 1 and 15 of this act shall take effect
October 3, 1965. Sections 8 and 9 of this act shall take effect January 1,
1966. Sections 2, 3, 4, 5, 6, 7, 10, 11, 12, 13 and 14 of this act shall take
effect sixty days after its passage.
[Approved June 28, 1965.]
[Effective date:
Sections 1 and 15 — Effective October 3, 1965
Sections 8 and 9 — Effective January 1, 1966
Remainder of act — Effective August 27, 1965.]
CHAPTER 209.
AN ACT TO ADJUST SICK LEAVE OF STATE POLICE INJURED IN LINE OF DUTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
209:1 Sick Leave. Amend RSA 106-B as inserted by 1961, 166:8 by
adding at the end thereof the following new section: 106-B: 18 Line of
Duty Injury. Any injury received by any state police employee because of
his assignment, patrol or duty that requires that he be hospitalized or to
the extent that he is unable to perform his normal or routine duties shall
not be charged against his earned sick leave or annual leave, and during
such time his name shall remain on the payroll. The director of the divi-
sion of state police shall make the final determination as to whether the
1965] Chapter 210 213
injury received is in line of duty and his decision is final, subject to ap-
proval of governor and council.
209:2 Effective Date. This act takes effect upon its passage.
[Approved June 28, 1965.]
[Effective date June 28, 1965.]
CHAPTER 210.
AN ACT RELATIVE TO REVOCATION OF HUNTING LICENSES FOR CONVICTION
BY COURT OF ANOTHER STATE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
210:1 Hunting. Amend RSA 214 by inserting after section 20 the
following new sections: 214:20-a Conviction by Court of Another State.
The director make revoke the hunting license of any person who shall be
convicted of an offense similar to those described in section 20 hereof or
in RSA 207:37, 207:38 or 208:8 by a court of any other state.
214:20-b Copies of Record. Copies of records of convictions and no-
tices of license revocations kept by the director of this state and other
states and certified by him shall be deemed admissible to prove such revo-
cations or convictions in courts.
210:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 28, 1965.]
[Effective date August 27, 1965.]
CHAPTER 211.
AN ACT RELATRT TO FIREMEN'S RETIREMENT SYSTEM.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
211:1 Age Lowered. Amend RSA 102:5 by striking out in line nine
thereof the word "fifty" and inserting in place thereof the word, forty-five;
further amend the section by striking out in lines ten and eleven thereof
the words "the effective date of this section" and inserting in place thereof
the words and figures, July 1, 1965, so that said section as amended shall
read as follows: 102:5 Extended Coverage. Permanent firemen as of
March 27, 1947, the date of the passage of this section, who were hereto-
fore unable to accept the provisions of this chapter at the time of becom-
214 Chapter 212 [1965
ing permanent firemen, because they were then over thirty-five years of
age, Avhich limitation was in effect prior to March 27, 1947, may accept
tliis chapter and make application to the retirement board as provided in
section 4, within thirty days after March 27, 1947 and not thereafter. The
assessments upon the salaries of such over-age permanent firemen shall be
fixed by the retirement board as provided in section 9 hereof. Any person
under forty-five years of age who becomes a permanent fireman after July
1, 1965 shall be deemed to have accepted the provisions of this chapter
and to have consented to assessments upon his annual salary as determined
by the retirement board, as a condition of employment.
211:2 Takes Effect. This act shall take effect July 1, 1965.
[Approved June 28, 1965.]
[Effective date July 1, 1965.]
CHAPTER 212.
AN ACT RELATIVE TO THE COUNCIL OF RESOURCES AND DEVELOPMENT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
212:1 Council of Resources and Development. Amend section 1,
chapter 301, Laws of 1963, by striking out the entire section and inserting
in place thereof the following: 301:1 Council Established. There shall
be a council on resources and development composed of eleven members
as follows: commissioner of the department of agriculture; commissioner
of the department of education; director of the fish and game commission;
commissioner of the department of public works and high^vays; the tech-
nical secretary of the water pollution commission; chairman of the water
resources board; commissioner of the department of resources and eco-
nomic development; director of the division of economic development;
director of the division of resources; director of the division of parks; the
director of state planning.
212:2 Duties. Amend section 2, chapter 301, Laws of 1963, by in-
serting after the word "federal" the \vords, or state, so that the section is
amended to read as follows: 301:2 Duties of the Council. The council
shall consult upon common problems in the field of natural resources and
their development; consult with, negotiate -with and obtain information
from any federal or state agency that may or could be involved or con-
cerned with any of its problems, reports, recommendations or studies;
make such reports and recommendations as may be desirable in its opin-
ion to the governor and council; and, subject to the approval of the board,
commission or commissioner of the agency or department affected, make
such studies and recommendations upon its own initiative, or upon re-
1965] Chapter 213 215
quest, to the general court concerning such changes as it may deem ad-
visable to coordinate effectively the work of the agencies which have
membership in the council. Its decisions shall be advisory only.
212:3 Tenure of Office. Amend section 3, chapter 301, Laws of 1963,
by striking out the entire section and inserting in place thereof the follow-
ing: 301:3 Tenure of Members. Members shall serve without compensa-
tion, and any member's term of office shall terminate when he ceases to
be a member of the state agency he represents.
212:4 Meetings. Amend section 4, chapter 301, Laws of 1963, by
striking out the entire section and inserting in place thereof the following:
301:4 Organization and Meetings. The first meeting of the council shall
be held no later than thirty days after the passage of this act at the call of
the commissioner of the department of resources and economic develop-
ment who shall be the chairman of said first meeting. Thereafter the coun-
cil shall meet no less often than once in every three months but may meet
more often if it deems it advisable. The chairmanship of the council shall
remain permanently with the director of state planning, and it shall be
his responsibility to prepare and have delivered at least seven days before
every meeting of the council an agenda for said meeting.
212:5 RepeaL Section 5, chapter 301, Laws of 1963, relative to rec-
ommendations of the state historical commission, is hereby repealed.
212:6 Takes Effect. This act shall take effect July 1, 1965.
[Approved June 30, 1965.]
[Effective date July 1, 1965.]
CHAPTER 213.
AN ACT RELATING TO DEFINITION OF SHELLFISH.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
213:1 Shellfish. Amend RSA 143:20 by striking out said section and
inserting in place thereof the following: 143:20 Definition. The term
"shellfish", as used in this subdivision, means all fresh or frozen edible
species of oysters, clams or mussels, either shucked or in the shell.
213:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 30, 1965.]
[Effective date August 29, 1965.]
216 Chapter 214 [1965
CHAPTER 214.
AN ACT RELATING TO THE CUSTODY AND ESCHEAT OF UNCLAIMED AND
ABANDONED PROPERTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
214:1 Comprehensive Unclaimed Property Law. Amend RSA by in-
serting after RSA 471, the following new chapter:
Chapter 471 -A
Custody and Escheat of Unclaimed and Abandoned
Property.
471-A:1 Definitions. As used in this chapter, unless the context other-
wise requires:
I. "Financial organization" means any national bank, savings bank
or institution for savings, trust company, banking company, building and
loan association, cooperative bank, federal savings and loan association,
credit union and all similar organizations.
II. "Business association" means any private corporation, joint stock
company, business trust, partnership, or any association for business pur-
poses of two or more individuals.
III. "Escheat", except in section 23, means the presumption of aban-
donment of property, followed by:
(a) immediate proceedings for the taking of title, or
(b) the required delivery to the state followed by immediate pro-
ceedings for the taking of title, or
(c) perpetual state custody of the property, or
(d) a period of state custody followed by proceedings for the taking
o£ title.
IV. "Holder" means any person in possession of property subject to
this chapter belonging to another, or who is trustee in case of a trust, or
is indebted to another on an obligation subject to this chapter.
V. "Life insurance corporation" means any association or corpora-
tion transacting the business of insurance on the lives of persons or in-
surance appertaining thereto, including, but not limited to, endowments
and annuities.
VI. "Owner" means a depositor in case of a deposit, a beneficiary
in case of a trust, a creditor, claimant or payee in case of other choses in
action, or any person having a legal or equitable interest in property sub-
ject to this chapter, or his legal representative.
1965] Chapter 214 217
VII. "Person" means any individual, business association, govern-
ment or political subdivision, public corporation, public authority, estate,
trust, two or more persons having a joint or common interest, or any other
legal or commercial entity.
VIII. "Property" means tangible personalty located in this state, and
all intangible personalty.
IX. "Utility" means any person who owns or operates for public use,
any plant, equipment, property, franchise, or license for the transmission
of communications or the production, storage, transmission, sale, delivery,
or furnishing of electricity, water, steam, or gas.
471 -A: 2 General Conditions Precedent to Presumption of Abandon-
ment. Unless otherwise provided, intangible personal property is subject
to a presumption of abandonment under this chapter if the appropriate
conditions leading to a presumption of abandonment, described in sec-
tions 3 through 1 1 of this chapter, are met, and if:
I. The last known address of the owner appearing on the records
of the holder is in this state, whether or not the holder:
(a) is domiciled in this state or is engaged in or transacts business
in this state, or
(b) if a court, public corporation, public authority, or public officer,
is a court, public corporation, public authority, or public officer of this
state or a political subdivision thereof; or,
II. No address of the owner appears on the records of the holder,
and the holder is:
(a) domiciled in this state, or
(b) a court of this state, or
(c) a federal court within this state, or
(d) a public corporation, public authority, or public officer of this
state or a political subdivision thereof; or,
III. (a) The last known address of the owner appearing on the rec-
ords of the holder is in another state, and
(b) such other state makes no provision in its laws for the escheat of
such property, and
(c) the holder is:
(i) domiciled in this state, or
(ii) a court of this state, or
(iii) a federal court within this state, or
(iv) a public corporation, public authority, or public officer of
this state or a political subdivision thereof.
218 Chapter 214 [1965
471-A:3 Property Held by Financial Organizations. The following
property held or o^ving by a financial organization is presumed aban-
doned:
I. Any deposits made ^vith a financial organization and any funds
paid toward the purchase of shares or other interest in any mutual or co-
operative financial organization together with any interest or dividends
thereon, excluding any charges that may lawfully be withheld, unless the
owner has, within fifteen years:
(a) Increased or decreased the amount of the funds or deposit or
presented an appropriate record for the crediting of interest or dividends;
or
(b) Corresponded in writing with the financial organization con-
cerning the funds or deposit; or
(c) Otherwise indicated an interest in the funds or deposit as evi-
denced by a memorandum on file with the financial organization.
II. Any sum payable on certified checks or on written instruments
on -^s'hich a financial organization is directly liable, including, by way of
illustration but not of limitation, certificates of deposit, drafts, and trav-
eler's checks, that has been outstanding for more than fifteen years from
the date it was payable, or from the date of its issuance if payable on de-
mand, unless the owner has, within fifteen years, corresponded in writing
with the financial organization concerning it, or otherwise indicated an
interest as evidenced by a memorandum on file with the financial organ-
ization.
III. Any funds or other property removed from a safe deposit box or
any other safekeeping repository on "^vhich the lease or rental period has
expired due to nonpayment of rental charges or other reason, excluding
any charges that may lawfully be ^vithheld, that have been unclaimed by
the owner for more than fifteen years from the date on which the lease or
rental period expired.
471-A:4 Unclaimed Funds Held by Life Insurance Corporations.
All moneys held and owing by any life insurance corporation to an in-
sured or annuitant or other person entitled thereto shall be presumed
abandoned if unclaimed and unpaid for more than fifteen years after the
moneys become due and payable as established from the records of the
corporation under any life or endowment insurance policy or annuity
contract Tvhich has matured or terminated. If it is not definite and certain
from the records of the corporation what person is entitled to the funds,
it is presumed that the last known address of the person entitled to the
funds is the same as the last known address of the insured or annuitant
according to the records of the corporation. A life insurance policy not
matured by actual proof of the death of the insured is deemed to be
matured and the proceeds thereof are deemed to be due and payable if
1965] Chapter 214 219
such policy was in force when the insured attained the limiting age un-
der the mortality table on which the reserve is based, unless the person
appearing entitled thereto has within the preceding fifteen years, (1) as-
signed, readjusted, or paid premiums on the policy, or subjected the
policy to loan, or (2) corresponded in writing with the life insurance cor-
poration concerning the policy. Moneys otherwise payable according to
the records of the corporation are deemed due and payable although the
policy or contract has not been surrended as required.
471-A:5 Deposits and Refunds Held by Utilities. The following
funds held or owing by any utility are presumed abandoned:
I. Any deposit made by a subscriber with a utility to secure payment
for, or any sum paid in advance for, utility services to be furnished, less
any lawful deductions, that has remained unclaimed by the person ap-
pearing on the records of the utility to be entitled thereto for more than
fifteen years after the termination of the services for which the deposit or
advance payment was made.
II. Any sum which a utility has been ordered to refund and which
was received for utility services rendered, together with any interest there-
on, less any lawful deductions, that has remained unclaimed by the person
appearing on the records of the utility to be entitled thereto for more than
fifteen years after the date it became payable in accordance with the final
determination or order providing for the refund.
471 -A: 6 Undistributed Dividends and Distributions of Business As-
sociations. Any stock or other certificate of ownership, or any dividend,
profit, distribution, interest, payment on principal, or other sum held or
owing by a business association for or to a shareholder, certificate holder,
member, bondholder, or other security holder, or a participating patron
of a cooperative, who has not claimed it or corresponded in writing with
the business association concerning it within fifteen years after the date
prescribed for payment or delivery, is presumed abandoned.
471-A:7 Property of Business Associations and Financial Organiza-
tions Held in Course of Dissolution. All property distributable in the
course of a voluntary or involuntary dissolution or liquidation of a busi-
ness association or financial organization that is unclaimed by the owner
at the end of the period provided by law or court decree for winding up
its affairs and distributing or liquidating its assets, is presumed aban-
doned.
471 -A: 8 Property Held by Fiduciaries. All property and any income
or increment thereon held in a fiduciary capacity for the benefit of an-
other person is presumed abandoned unless the owner has, within fifteen
years after it becomes payable or distributable, increased or decreased the
principal, accepted payment of principal or income, corresponded in writ-
220 Chapter 214 [1965
ing concerning the property, or otherwise indicated an interest as evi-
denced by a memorandum on file with the fiduciary.
471 -A: 9 Property Held by Courts and Public Officers and Agencies.
All property held for the owner by any court, including a federal court,
or any public corporation, public authority, or public officer of any state
or a political subdivision thereof, that has remained unclaimed by the
owner for more than fifteen years is presumed abandoned.
471-A:10 Unclaimed Property Held by the Federal Government.
All property, including choses in action in sums certain and all debts
owned, entrusted funds, or other property held by the federal government
or any agency, officer, or appointee thereof, is presumed abandoned only
if the last known address of the owner is in this state and the property has
been unclaimed for fifteen years. The federal government or a government
officer or appointee thereof may deduct from the amount paid or deliv-
ered to the state treasurer the proportionate share of the actual and nec-
essary costs of examining such records and reporting such information.
This state shall hold the federal government harmless to the extent of
the value of any property so paid or delivered from any claim which then
exists or which thereafter may arise or be made in respect to property
delivered to the state treasurer by the federal government.
471-A:11 Other Property Held for Another Person. All property
not otherwise covered by this chapter, including any income or incre-
ment thereon and deducting any lawful charges, that is held or owing
in the ordinary course of the holder's business and has remained un-
claimed by the owner for more than fifteen years after it became due,
payable, or distributable is presumed abandoned; but this section shall
not apply to unclaimed parimutuel ticket money and unclaimed sweep-
stakes prize money held or owing in this state in the ordinary course of
the holder's business.
471 -A: 12 Report of Abandoned Property.
I. Every person holding funds or other property, tangible or intangi-
ble, presumed abandoned under this chapter shall report to the state
treasurer with respect to the property as hereinafter provided.
II. The report shall be verified and shall include:
(a) The name, if known, and last known address, if any, of each
person appearing, from the records of the holder, to be the owner of any
property of the value of ten dollars or more presumed abandoned under
this chapter; (items of less value to be reported under paragraph II-c of
this section).
(b) In case of unclaimed funds of life insurance corporations, the
full name of the insured, annuitant, or beneficiary and his last known
address appearing on the life insurance corporation's records.
1965] Chapter 214 221
(c) The nature and identifying number, if any, or description of
the property, and the amount appearing from the records to be due, ex-
cept that items of value under ten dollars each may be reported in ag-
gregate;
(d) Except for any property reported in aggregate, the date when
the property became payable, demandable, or returnable, and the date of
the last transaction with the owner with respect to the property; and
(e) Such other information as the state treasurer prescribes by rule
as necessary for the administration of this chapter.
III. If the holder is a successor to other persons who previously held
the property for the o^vner, or if the holder has changed his name while
holding the property, he shall file with his report all prior known names
and addresses of each holder of the property.
IV. Each report shall be filed before November 1, as of the next
preceding June 30, of the year in which due. Reports of presumably aban-
doned properties of the kinds described in sections 3, 4, 5 and 6 shall be
filed in the year 1966, in the year 1970, and in every fifth year thereafter.
Reports of presumably abandoned properties of all other kinds hereunder
shall be filed annually. The state treasurer may postpone the reporting
date upon written request by any person required to file a report.
V. If the owner's claim has not been barred by the statute of limita-
tions, the holder shall, before filing such report, communicate with the
owner by first class mail at his last known address, if any such address is
known or may be ascertained by due diligence, setting forth the steps nec-
essary to rebut the presumption of abandonment.
VI. Verification, if made by a partnership, shall be executed by a
partner; if made by an unincorporated association or private corporation,
by an officer; and if made by a public corporation, by its chief fiscal officer.
VII. The initial report filed under this chapter shall include all
property as to which the time period resulting in a presumption of aban-
donment under the terms of this chapter commenced running on or after
January 1, 1936, excepting property paid or delivered to the state treasurer
prior to July 1, 1966 under other statutes.
VIII. The state treasurer shall keep a permanent record of all reports
submitted to him.
IX. The state treasurer or any person or agency designated by him
may at reasonable times and upon reasonable notice examine the records
of any person if he has reason to believe that such person has failed to re-
port property that should have been reported pursuant to this chapter.
471 -A: 13 Notice and Publication of Lists of Abandoned Property.
I. Within one hundred twenty days from the filing of the report required
222 Chapter 214 [1965
by section 12, the state treasurer shall cause notice to be published at least
once each ^veek for two successive weeks in a newspaper having general
circulation in the county in this state in which is located the last known
address of any person to be named in the notice. If no address is listed or
if the address is outside this state, the notice shall be published in the
county in which the holder of the abandoned property has his principal
place of business within this state.
II. The published notice shall be entitled "Notice of Names of Per-
sons Appearing to be Owners of Abandoned Property", and shall contain:
(a) The names in alphabetical order and last known addresses, if
any, of persons listed in the report and entitled to notice within the county
(except as to items reported only in the aggregate.)
(b) A statement that information concerning the amount or descrip-
tion of the property and the name and address of the holder may be ob-
tained by any persons possessing an interest in the property by addressing
an inquiry to the state treasurer.
(c) A statement that if proof of claim is not presented by the owner
to the holder and if the owner's right to receive the property is not estab-
lished to the holder's satisfaction within sixty-five days from the date of
the second published notice, the abandoned property will be placed not
later than eighty-five days after such publication date in the custody of
the state treasurer, to whom all further claims must thereafter be directed.
(d) A statement tliat if no claim is filed with the state treasurer with-
in fifteen years after the close of the calendar year in which any property
presumed abandoned under this chapter is paid or delivered to the state
treasurer, the property shall escheat to the state and all right, title, or in-
terest therein of the owners will be terminated and all claims of the owners
hereto forever barred.
III. A copy of the second published notice, in which shall be in-
cluded the date on which the notice is to be published, shall be mailed to
the holder on or before the date of publication.
IV. Within one hundred twenty days from the receipt of the report
required by section 12, the state treasurer shall mail a notice to each per-
son whose name is reported, having an address listed therein.
V. The mailed notice shall contain:
(a) A statement that, according to a report filed Avith the state treas-
urer, property is being held to which the addressee appears entitled.
(b) The name and address of the person holding the property and
any necessary information regarding changes of name and address of the
holder.
(c) A statement that, if satisfactory proof of claim is not presented by
the owner to the holder by the date specified in the published notice, the
1965]
Chapter 214 223
property will be placed in the custody of the state treasurer, to whom all
further claims must be directed.
(d) A statement that if no claim is filed with the state treasurer with-
in fifteen years after the close of the calendar year in which any property
presumed abandoned under this chapter is paid or delivered to the state
treasurer, the property shall escheat to the state and all right, title, or
interest therein of the owners will be terminated and all claims of the
owners thereto forever barred.
471-A:14 Payment or Delivery of Abandoned Property. I. Every
person who has filed a report as required by section 1 2 shall within twenty
days after the time specified in section 13 for claiming the property from
the holder pay or deliver to the state treasurer all abandoned property
specified in the report, except that, if the owner establishes his right to
receive the abandoned property to the satisfaction of the holder within
the time specified in section 13, or if it appears that for some other reason
the presumption of abandonment is erroneous, the holder need not pay
or deliver the property, which will no longer be presumed abandoned,
to the state treasurer, but in lieu thereof shall file a verified written ex-
planation of the proof of claim or of the error in the presumption of
abandonment.
II. The state treasurer may decline to receive any property reported
which he deems to have a value less than the cost of giving notice or hold-
ing sale, or he may postpone taking possession until a sufficient sum ac-
cumulates. Unless the holder of the property is notified to the contrary
within one hundred twenty days after filing the report required under
section 12, the state treasurer shall be deemed to have elected to receive
the custody of the property.
471-A:15 Enforcement. I. The state treasurer may bring an action
in a court of appropriate jurisdiction, as specified in this section, to en-
force the duty of any person under this chapter to permit the examination
of the records of such person; or for a judicial determination that particu-
lar property known by the state treasurer to be held by any person is
subject under law to escheat by this state pursuant to this chapter; or to
enforce the delivery of any property to the state treasurer as required un-
der this chapter.
II. The state treasurer may bring an action under this chapter in
any court of this state of appropriate jurisdiction if:
(a) The holder is any person domiciled in this state, including any
business association or financial organization organized under the laws
of or created in this state, and any national bank or federal savings and
loan association located in this state, but not including any federal court
within this state.
(b) The holder is any person engaged in or transacting business in
this state, althouoh not domiciled in this state.
224 Chapter 214 [1965
(c) The property is tangible personalty and is held in this state.
(d) The holder is any court of this state, or any public corporation,
public authority, or public officer of this state or a political subdivision
thereof.
III. In any case where no court of this state can obtain jurisdiction
over the holder, the state treasurer may bring an action in any federal or
state court ^vith jurisdiction over the holder.
IV. (a) At the request of any other state, the attorney general of
this state shall be empowered to bring an action in the name of such
other state in any court of this state or federal court Avithin this state, to
enforce the abandoned property laws of such other state against a holder
in this state of property lawfully subject to escheat by such other state, if:
(1) The courts of such other state cannot obtain jurisdiction over
the holder; and
(2) Such other state makes reciprocal provision in its law^s for the
bringing of an action by an officer of such other state in the name of this
state at the request of the attorney general of this state, to enforce the
provisions of this chapter against any person in such other state believed
by the state treasurer of this state to hold property subject to a presump-
tion of abandonment under this chapter, where the courts of this state
cannot obtain jurisdiction over such holder; and
(3) The laws of such other state provide for payment to this state
of reasonable costs incurred by the attorney general of this state in bring-
ing an action under this section at the request of such other state.
(b) This state shall pay all reasonable costs incurred by any other
state in any action brought by such other state at the request of the attor-
ney general of this state under this section. Any state bringing such ac-
tion shall be entitled additionally to a reward of fifteen per cent of the
value, after deducting reasonable costs, of any property recovered for the
state as a direct or indirect result of such action, such re^vard to be paid
by the state treasurer.
471-A:16 Relief from Liability. I. Upon payment or delivery to
the state treasurer of property presumed abandoned, the state shall as-
sume custody and shall be responsible for all claims thereto.
II. Any person who pays or delivers abandoned property to the state
treasurer under this chapter and has in all other respects complied with
the provisions of this chapter, is relieved of all liability to the extent of
the value of the property so paid or delivered for any claim which then
exists or which thereafter may arise or be made in respect to the property.
III. Any holder who has paid or delivered to the state treasurer
moneys presumed abandoned may make payment therefor within the time
limited by section 21 to any person appearing to be the owner, and shall
1965] Chapter 214 225
be reimbursed by the state treasurer upon proof of such payment and
proof that the payee was entitled thereto. Any holder who has delivered
to the state treasurer property, including a certificate of any interest in
a business association, pursuant to this chapter, may reclaim such prop-
erty if still in the possession of the state treasurer, without payment of
any fee or other charges upon proof that the owner thereof has claimed
such property from the holder.
471-A:17 Income Accruing After Payment or Delivery. When prop-
erty other than money is delivered to the state treasurer under this chap-
ter, any dividends, interest, or other increments realized or accruing on
such property at or prior to liquidation or conversion thereof into money,
shall upon receipt be credited by the state treasurer to the owner's ac-
count. Except for amounts so credited, the owner is not entitled to re-
ceive income or other increments or money or other property paid or
delivered to the state treasurer under this chapter.
471-A:18 Periods of Limitation Not a Bar. The expiration of any
period of time, specified by statute or court order, during which an ac-
tion or proceeding may be commenced or enforced to obtain payment
of a claim for money or recovery of property, shall not prevent the money
or property from being presumed abandoned property, nor affect any
duty to file a report required by this chapter or to pay or deliver aban-
doned property to the state treasurer; but this section shall not be con-
strued to affect any right of defense which became vested prior to the
effective date of this chapter.
471 -A: 19 Sale of Abandoned Property.
I. All abandoned property delivered to the state treasurer under
this chapter, other than money or securities listed on any established
stock exchange, may be sold by him to the highest bidder at public sale
in whatever place in this state or elsewhere that affords in his judgment
the most favorable market for the property involved. The state treasurer
may decline the highest bid and re-offer the property for sale if he con-
siders the price bid insufficient.
II. Securities listed on an established stock exchange may be sold
by the state treasurer. Any sale shall be at the prevailing price on that
exchange.
III. Any sale of abandoned property, other than money or securi-
ties listed on any established stock exchange, held under this section shall
be preceded by a single publication of notice thereof at least three weeks
in advance of sale in a newspaper having general circulation in the coun-
ty where the property is to be sold.
IV. The purchaser at any sale conducted by the state treasurer pur-
suant to this chapter shall receive title to the property purchased, free
from all claims of the owner or prior holder thereof and of all persons
226 Chapter 214 [1965
claiming through or under them. The state treasurer shall execute all
documents necessary to complete the transfer of title.
V. No action shall be brought or maintained by any person against
the state or any officer thereof for or on account of any transaction en-
tered into pursuant to and in accordance with the provisions of this sec-
tion.
471-A:20 Deposit of Funds. I. All funds received under this chap-
ter, including the proceeds from the sale of property under section 19,
shall be deposited by the state treasurer in the state treasury, except that
the state treasurer shall retain at all times in a separate trust fund the
sum of twenty-five thousand dollars, from which he shall promptly pay
all claims allowed as hereinafter provided.
II. Before making the deposit he shall record the name and last
known address of each person appearing from the holders' reports to be
entitled to the abandoned property and the name and last known address
of each insured person, beneficiary, or annuitant, and with respect to each
policy or contract listed in the report of a life insurance corporation, its
number, the name of the corporation, and the amount due. The record
shall be available for public inspection at all reasonable business hours.
III. Before making any deposit in the state treasury, the state treas-
urer may deduct:
(a) any costs in connection with the sale of abandoned property.
(b) any costs of mailing and publication in connection with the
abandoned property.
(c) reasonable service charges.
47 1 -A: 2 1 Claims for Abandoned Property.
I. Any person, not including another state, claiming an interest in
property paid or delivered to the state treasurer may file a claim thereto
or to the proceeds of the sale thereof within fifteen years from the last
day of the calendar year in which such property is paid or delivered to
the state treasurer under this chapter.
II. The state treasurer shall consider each claim within ninety days
after it is filed. He shall hold a hearing, if the claimant requests, and re-
ceive evidence concerning the claim.
III. The state treasurer shall make a written finding on each claim
presented or heard, stating the substance of any evidence heard by him
and the reasons for his finding. The finding shall be a public record.
IV. The state treasurer shall pay each claim allowed without deduc-
tion for costs of notices or sale or for any service charges.
471 -A: 22 Judicial Action Upon Determinations. Any person ag-
grieved by a finding of the state treasurer under section 21 or upon whose
1965] Chapter 214 227
claim the state treasurer has failed to act within ninety days after the fil-
ing of the claim may file a petition to establish his claim in the superior
court for Merrimack county. The proceeding shall be brought Avithin
ninety days after the decision of the state treasurer or within one hun-
dred eighty days from the filing of the claim if the state treasurer fails to
act. A copy of the petition and order of notice thereon shall be served
upon the state treasurer, who shall have not less than fourteen days with-
in which to respond by answer. The proceeding shall be tried de novo
without a jury. If judgment is rendered in favor of the petitioner, the
state treasurer shall make payment as provided in paragraph IV of sec-
tion 21.
471-A:23 Escheat Proceedings. I. Within ninety days after the close
of the fifteenth calendar year after the year in which any property pre-
sumed abandoned under this chapter is paid or delivered to the state
treasurer, if no claim therefor has been made and established by any
person not including another state, entitled thereto, the state treasurer
shall commence a civil action in the superior court for Merrimack county
for a determination that such property shall escheat to the state; but if
during, and at the expiration of, such ninety days, a final judgment is
pending in a court action previously brought by a claimant under section
22, or if a person who has filed a claim to the property within the period
prescribed by paragraph I of section 21 remains entitled at the expira-
tion of such ninety days to bring a court action under section 22, the state
treasurer shall commence his civil action after a final court judgment has
been rendered adversely to the petitioning claimant, or after the expira-
tion of the period in which a claimant would be entitled to bring a court
action under section 22. The hearing in the action brought by the state
treasurer shall commence not less than forty days after the date of entry
of the action. The state treasurer may postpone the bringing of such
action until the end of a subsequent calendar year whenever insufficient
abandoned property has accumulated in his custody to justify tlie expense
of such proceedings.
II. At the time such action is commenced, the state treasurer shall
cause notice thereof to be published once each week for two successive
weeks in a newspaper having general circulation in the county in which
is situated the last known address of the owner according to the records
of the state treasurer. If no address is listed, the notice shall be published
in the county in which the holder of the abandoned property has his prin-
cipal place of business within the state. Such notice shall be entitled "No-
tice of Proceedings to Declare Certain Abandoned Property Escheated
to the State of New Hampshire" and shall include the following matters:
(a) the name and last known address of the owner (if previously re-
ported);
(b) a brief description of the property;
228 Chapter 214 [1965
(c) the name of the prior holder or holders;
(d) the amount or value of the property (excepting items reported
only in the aggregate, which shall be listed as a lump sum);
(e) a statement that the property was unclaimed for at least fifteen
years -while in the possession of the prior holder or holders and was un-
claimed for fifteen years after it was paid or delivered to the state treasurer
pursuant to this chapter;
(f) a statement that a complaint has been filed in the action for es-
cheat;
(g) the place, time and date of the hearing;
(h) a direction that unless any person claiming to be entitled to the
property, or his representative, makes claim for the property in the man-
ner provided in section 21 before the hearing, or appears at the hearing
to substantiate his claim, the property shall escheat to the state and all
right, title or interest therein of the owners will be terminated and all
claims of the owners thereto forever barred.
III. Also at the time such action is commenced, the state treasurer
shall mail to the last known address of the owner according to the records
of the state treasurer a notice alike in all respects to the published notice
required under the preceding subsection.
IV. If no person shall file a claim, or appear at the hearing to sub-
stantiate a claim, or where the court shall determine that a claimant is
not entitled to the property claimed by him, then the court, if satisfied
by evidence that the state treasurer has substantially complied with this
chapter, shall enter a judgment that the subject property has escheated
to the state and that all right, title or interest therein of the owners is ter-
minated and all claims of the owners thereto forever barred.
471-A:24 Claims by Other States. I. At any time after property has
been paid or delivered to the state treasurer under this chapter, and not-
withstanding any decree by any court of this state under section 23 that
such property is escheated to this state, any other state shall be entitled
to present to the state treasurer a claim that such other state has a su-
perior right to escheat such property because:
(a) Although no address of the owner of the property appeared on
the records of a holder domiciled in this state, including a court of this
state, a federal court within this state, or a public corporation, public
authority, or public officer of this state or a political subdivision thereof,
when the property was presumed abandoned under this chapter, the other
state possesses proof that the last known address of the owner was in fact
in such other state; or,
(b) The last known address of the owner of the property appearing
on the records of a holder domiciled in this state, including a court of
1965] Chapter 214 229
this state or federal court within this state, or a public corporation, public
authority, or public officer of this state or a political subdivision thereof,
was in such other state when the property was presumed abandoned
under this chapter, and such other state at that time did not provide in
its laws for the escheat of such property, but currently so provides.
II. The state treasurer shall hold a hearing on each such claim with-
in ninety days after it is filed. He shall make a written finding on each
claim heard, stating the substance of any evidence heard by him and the
reasons for his finding. The finding shall be a public record. He shall
allow a claim if reasonably satisfied by proof of the superior right of the
other state.
471-A:25 Penalties. I. Any person who wilfully fails to render any
report or perform other duties required under this chapter shall be pun-
ished by a fine of ten dollars for each day such report is withheld or such
duties not performed, but not more than five hundred dollars.
II. Any person who wilfully refuses to pay or deliver abandoned
property to the state treasurer as required under this chapter shall be
fined not less than one hundred dollars nor more than five hundred dol-
lars, or imprisoned for not more than six months, or both, in the discre-
tion of the court.
471-A:26 Rules and Regulations. The state treasurer may make
such rules and regulations as he finds reasonably necessary to administer
and enforce the provisions of this chapter.
471-A:27 Excepted Property. This chapter shall not apply to any
property that has been presumed abandoned or has escheated under the
laws of another state prior to the effective date of this chapter, nor to any
property covered by RSA 47 1 , 489 and 56 1 .
471-A:28 Severability. If any provision of this chapter or the appli-
cation thereof to any person or circumstances is held invalid, the in-
validity shall not affect other provisions or applications of the chapter
which can be given effect without the invalid provisions or applications,
and to this end the provisions of this chapter are severable.
214:2 Repeal. RSA 294:125, 126 and 127 (supp) as inserted by
1955, 118:1, RSA 385:6 and 7 (supp) as inserted by 1961, 204:1, RSA
386:24-26 and 28-30, inclusive, RSA 395:22-25 inclusive, and RSA 543:11
and 12 are hereby repealed.
214:3 Warehouses. Amend RSA 348:12 (supp) as amended by 1959,
247:2 by striking out said section and inserting in place thereof the fol-
lowing: 348:12 Proceeds of Sale. If a warehouseman, pursuant to a sale
under chapter 382-A, section 7-210, holds an unclaimed balance of pro-
ceeds for the person to whom he would be bound to deliver the goods,
.siuch proceeds shall be held subject to the provisions of RSA 471 -A.
230 Chapter 214 [1965
214:4 Unclaimed Freight. Amend RSA 377:21 by striking out said
section and inserting in place thereof the following new section: 377:21
Accovmting. It shall make a statement of its doings in making the sale, of
the proceeds thereof, of the charges and expenses incident thereto and of
its charges against the consignee or owner, and shall cause the same to
be recorded in the town clerk's office, and it shall pay on demand the
balance of the proceeds above such charges to the owner of the property or
the person entitled thereto. If unclaimed, such proceeds shall be held
subject to the provisions of RSA 471-A.
214:5 Safe Deposit Boxes. Amend RSA 385:5 (supp) as inserted by
1961, 204:1, by striking out said section and inserting in place thereof the
following new section: 385:5 Disposition of Proceeds. From the proceeds
of said sale the corporation shall deduct all its charges for rental up to
the time of opening said box or safe, the cost of opening, further cost of
safekeeping all its contents and any costs of said public auction and shall
hold the net cash proceeds from such public auction subject to the pro-
visions of RSA 471-A. The corporation shall maintain a statement of all
charges deducted from the proceeds of said auction Avhich shall be signed
by the president, treasurer or superintendent of said corporation and veri-
fied before a notary public or justice of the peace.
214:6 Voluntary Petition on Unclaimed Bank Deposits. Amend
RSA 386:27 by striking out said section and inserting in place thereof the
following new section: 386:27 Relief on Voluntary Petition. Upon vol-
untary petition by any financial organization, as defined in RSA 471-A,
desiring, for any reason, to pay one or more deposits and unable to locate
the owners thereof, the superior court may, upon notice to the bank com-
missioner and the attorney general, and upon the filing of one or more
affidavits that diligent efi^ort has been made to locate the owners, decree
that such deposits have been presumably abandoned. Such financial organ-
ization shall forthwith report such deposits to the state treasurer following
the procedure provided in RSA 471-A: 12 but on an annual basis (rather
than less frequently); and such deposits shall thereafter become subject
to those provisions of RSA 471-A which apply to property reported to the
state treasurer as presumably abandoned.
214:7 Depositaries. Amend RSA 543:10 by striking out said section
and inserting in place thereof the following new section: 543:10 Escheat.
Upon petition by the holder of any fund which is payable and unclaimed,
but for less than the time period giving rise to a presumption of abandon-
ment and a requirement to report to the state treasurer under RSA 471-A,
the superior court, after notice and hearing, may decree pa^Tnent thereof
to the state treasurer, as presumably abandoned. The state treasurer shall
thereafter hold such property subject to those provisions of RSA 471-A
which apply to abandoned property delivered to the state treasurer pur-
suant to report.
1965] Chapter 215 231
214:8 Saving Clause. All payments or deliveries of property to the
state treasurer, before the effective date of this act, validly made under
those sections of RSA hereby repealed or amended, shall not be affected
by such repeal or amendment; and the rights, duties and interests of the
state, the holders and all owners or claimants, flowing therefrom, shall
remain valid thereafter and may be terminated, completed, consummated
or enforced as required or permitted by such repealed or 'amended sec-
tions and other applicable statutes, as though such repeal or amendment
had not occurred. '
214:9 Appropriation. The state treasurer is hereby authorized to set
aside out of funds escheated to the state between January 1, 1965 and
June 30, 1966, the sum of ten thousand dollars to be used for operating
expenses under this chapter, which shall constitute a continuing appro-
priation, which shall not lapse and may be replenished from time to time
as provided in RSA 471 -A: 20, III as inserted by section 1.
214:10 Effective Date. Except as provided in section 9, this act takes
effect January 1, 1966; provided, however, that savings banks are hereby
exempted from the provisions of RSA 386:24 in the year 1965.
[Approved June 30, 1965.]
[Effective date — January 1, 1966 except as provided.]
CHAPTER 215.
AN ACT RELATIVE TO MEDICAL ASSISTANCE FOR THE AGED.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
215:1 Public Assistance to Aged. Amend RSA 167:9 as amended by
1961, 222:1 by adding at the end of the section the following sentence: In
the case of an application for medical assistance for the aged an interview
with applicant or a responsible person acting for the applicant will satisfy
the home visit requirement, so that the section is amended to read as fol-
lows: 167:9 Investigation. Whenever an application for assistance under
this chapter or RSA 161 is received, an investigation and record shall
promptly be made of the circumstances of the applicant in order to as-
certain the facts supporting the application, and in order to obtain such
other information as may be required by the rules of the division. The
investigation shall include a visit to the home of the applicant. In the case
of an application for medical assistance for the aged an interview with
applicant or a responsible person acting for the applicant will satisfy
the home visit requirement.
232 Chapter 216 [1965
215:2 Effective Date. This act shall take effect sixty days after pas-
sage.
[Approved June 30, 1965.]
[Effective date August 29, 1965.]
CHAPTER 216.
AN ACT TO MAKE AN APPORTIONMENT OF REPRESENTATIVES TO THE
GENERAL COURT.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
216:1 Representatives to the General Court. Amend RSA 66:3
(supp) as amended by 1961, 275:1 by striking out the section and inserting
in its place the following: 66:3 Apportionment. Representative districts
entitled to representation in the house of representatives of the general
court are formed from the towns, wards, and places of the state, and ap-
portionment of representatives to the districts is made, as follows:
I. Belknap County
District No. 1 New Hampton
Center Harbor 1
District No. 2 Meredith 2
District No. 3 Sanbornton
Tilton 2
District No. 4 Gilford 1
District No. 5 Belmont 1
District No. 6 Gilmanton
Barnstead 1
Alton 1
Laconia Ward 1 2
Laconia Ward 2 2
Laconia Ward 3 &: 4 2
Laconia Ward 5 2
Laconia Ward 6 2
District No. 7
District No. 8
District No. 9
District No. 10
District No. 1 1
District No. 12
District No. 1
District No. 2
IL Carroll County
Jackson
Chatham
Bartlett
Hart's Location
Hale's Location
Conway
1965]
District No. 3
District No. 4
District No. 5
District No. 6
District No. 7
District No. 8
District No. 1
District No. 2
District No. 3
District No. 4
District No.
5
District No.
6
District No.
7
District No.
8
District No.
9
District No.
10
District No.
11
District No.
12
District No.
13
District No.
14
District No.
15
District No.
16
District No.
17
District No.
1
Chapter 216
Albany
Madison
Eaton
Freedom
Effingham
Sandwich
Tamworth
Moultonborough
Tuftonboro
Ossipee
Wolfeboro
Wakefield
Brookfield
III. Cheshire County
Walpole
Westmoreland
Surry
Alstead
Marlow
Gilsum
Stoddard
Sullivan
Nelson
Harrisville
Dublin
Roxbury
Marlborough
Jaffrey
Troy
Fitzwilliam
Rindge
Winchester
Richmond
Hinsdale
Swanzey
Chesterfield
Keene Ward 1
233
Keene
Keene
Keene
Keene
Ward
Ward
Ward
Ward
IV.
Coos County
Pittsburg
Stewartstown
234
Chapter 216
[1965
District No. 2
District No. 3
District No. 4
District No. 5
District No. 6
District No. 7
District No. 8
District No. 9
District No. 10
District No. 1 1
District No. 1
Clarksville
Colebrook
Columbia
Dixville
Stratford
Northumberland
Stark
Odell
Erving's Grant
Lancaster
Kilkenny
Whitefield
Gorham
Berlin Ward 1
Berlin Ward 2
Berlin Ward 3
Berlin Ward 4
Second College Grant
Millsfield
Wentworth Location
Dummer
Milan
Shelburne
Success
Errol
Cambridge
Atkinson-Gilmanton Academy Grant
Dix's Grant
Martin's Location
Green's Grant
Pinkham's Grant
Sargent's Purchase
Thompson and Meserve's Purchase
Hadley's Purchase
Cutt's Grant
Bean's Grant
Chandler's Purchase
Crawford's Purchase
Low and Burbank's Grant
Carroll
Randolph
Jefferson
Dalton
V. Grafton County
Bethlehem
Littleton
1965]
Chapter 216
District No. 2
Franconia
Easton
Woodstock
District No. 3
Lincoln
Livermore
District No. 4
Lisbon
District No. 5
Monroe
Lyman
Bath
Landaff
Benton
District No. 6
Haverhill
District No. 7
Piermont
Warren
Wentworth
District No. 8
Orford
District No. 9
Lyme
Hanover
District No. 10
Dorchester
Groton
Hebron
Bridgewater
Alexandria
Orange
Grafton
District No. 11
Lebanon Ward 1
District No. 12
Lebanon Ward 2
District No. 13
Lebanon Ward 3
District No. 14
Canaan
District No. 15
Enfield
District No. 16
Bristol
District No. 17
Ashland
District No. 18
District No. 19
Plymouth
Holderness
Campton
Rumney
Thornton
Waterville
Ellsworth
VI. Hillsborough County
District No. 1
Antrim
Bennington
District No. 2
Hillsborough
Deering
Windsor
235
236
Chapter 216
[1965
District No. 3
District No. 4
District No. 5
District No. 6
District No. 7
District No. 8
District No. 9
District No. 10
District No.
District No.
11
12
District No. 13
District
District
District
District
District
District
District
District
District
District
District
District
District
District
District
District
District
District
District
District
District
District
District
District
District
No. 14
No. 15
No. 16
No. 17
No. 18
No. 19
No. 20
No. 21
No. 22
No. 23
No. 24
No. 25
No. 26
No. 27
No. 28
No. 29
No. 30
No. 31
No. 32
No. 33
No. 34
No. 35
No. 36
No. 37
No. 38
Weare
Goffstown
New Boston
Francestown
Greenfield
Hancock
Peterborough
Sharon
New Ipswich
Greenville
Wilton
Lyndeborough
Temple
Milford
Amherst
Mont Vernon
Hollis
Mason
Brookline
Nashua Ward
Nashua
Nashua
Nashua
Nashua
Nashua
Nashua
Nashua
Nashua
Hudson
Pelham
Merrimack
Bedford
Litchfield
Manchester
Manchester
Manchester
Manchester
Manchester
Manchester
Manchester
Manchester
Manchester
Manchester
Manchester
Manchester
1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Ward 8
Ward 9
Ward
Ward
Ward
Ward
Ward
Ward
Ward
Ward 8
Ward 9
Ward 10
Ward 11
Ward 12
2
5
2
2
2
2
2
3
6
2
4
2
2
3
6
5
4
3
3
6
4
7
1
4
3
3
1965]
Chapter 216
District No. 39
Manchester Ward 13
District No. 40
Manchester Ward 14
VII. Merrimack County
District No. 1
New London
District No. 2
Newbury
Sutton
Bradford
District No. 3
Warner
Webster
District No. 4
Henniker
District No. 5
Hopkinton
Dunbar ton
District No. 6
Bo^v
District No. 7
Hooksett
District No. 8
Allenstown
District No. 9
Pembroke
District No. 10
Epsom
Chichester
District No. 11
Pittsfield
District No. 12
Loudon
District No. 13
Canterbury
Northfield
District No. 14
Franklin Ward 1
District No. 15
Franklin Ward 2
District No. 16
Franklin Ward 3
District No. 17
Boscawen
District No. 18
Andover
District No. 19
Salisbury
Wilmot
Danbury
Hill
District No. 20
Concord Ward 1
District No. 21
Concord Ward 2
District No. 22
Concord Ward 3
District No. 23
Concord Ward 4
District No. 24
Concord Ward 5
District No. 25
Concord Ward 6
District No. 26
Concord Ward 7
District No. 27
Concord Ward 8
District No. 28
Concord Ward 9
District No. 1
VIII. Rockingham County
North wood
237
5
4
1
1
2
1
2
1
2
1
2
1
1
1
2
2
1
Deerfield
Nottingham
238
Chapter 216
[1965
District No. 2
District No. 3
District No. 4
District No. 5
District No. 6
District No. 7
District No. 8
District No. 9
District No. 10
District No. 1 1
District No. 12
District No. 13
District No. 14
District No. 15
District No. 16
District No. 17
District No. 18
District No. 19
District No. 20
District No. 21
District No. 22
District No. 23
District No. 24
District No. 25
District No. 26
District No. 27
District No. 28
District No. 29
District No. 1
District No. 2
Candia
Auburn
Londonderry
Derry
Windham
Salem
Atkinson
Kingston
Plaistow
Hampstead
Sandown
Danville
Fremont
Chester
Raymond
Epping
Brentwood
Newmarket
Newfields
Stratham
Exeter
East Kingston
South Hampton
Seabrook
Newton
Hampton Falls
Kensington
Hampton
North Hampton
Rye
New Castle
Greenland
Newington
Portsmouth
Portsmouth
Portsmouth
Portsmouth
Portsmouth
Portsmouth
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
IX. Strafford County
Milton
Middleton
New Durham
Farmington
Strafford
1965]
Chapter 216
District No. 3
Barrington
Madbury
District No. 4
Lee
Durham
District No. 5
Rollinsford
District No. 6
Somersworth Ward 1
District No. 7
Somersworth Ward 2
District No. 8
Somersworth Ward 3
District No. 9
Somersworth Ward 4
District No. 10
Rochester Ward 1
District No. 1 1
Rochester Ward 2
District No. 12
Rochester Ward 3
District No. 13
Rochester Ward 4
District No. 14
Rochester Ward 5
District No. 15
Rochester Ward 6
District No. 16
Dover Ward 1
District No. 17
Dover Ward 2
District No. 18
Dover Ward 3
District No. 19
Dover Ward 4
District No. 20
Dover Ward 5
X. Sullivan County
District No. 1
Plainfield
Grantham
District No. 2
Croydon
Cornish
District No. 3
Claremont Ward 1
District No. 4
Claremont Ward 2
District No. 5
Claremont Ward 3
District No. 6
Newport
District No. 7
Charlestown
Unity
District No. 8
Sunapee
Springfield
District No. 9
Langdon
Acworth
Lempster
Washington
Goshen
239
&: 5
1
216:2 Time of Election. Amend RSA 66: 1 by striking out the section
and inserting in its place the following: 66:1 Date. The towns, wards,
and unincorporated places that form the districts entitled to elect repre-
sentatives to the general court shall elect them at the biennial election
held on the Tuesday after the first Monday of November, biennially, dat-
ing from the year nineteen hundred and sixty six.
240 Chapter 216 [1965
216:3 Duties of Clerks. Amend RSA 66:2 by striking out the section
and inserting in its place the following: 66:2 Certificates of Election.
I. The clerks of the several towns, wards, and places organized for voting
in this state shall make a true and certified copy of the record of the votes
given in at any election of a representative of the general court. The clerks
shall for'^vard the record in a sealed package to the secretary of state with-
in five days from the date of the election.
II. The clerks shall also certify that the check-list was duly posted
and used during the balloting on which the representative Avas chosen,
and to the number of voters whose names were upon the check-list as cor-
rected on the day of the meeting. Any clerk who fails to make a return
of the number of voters on the check-list shall be fined not more than
twenty-five dollars.
III. The secretary of state shall examine the returns and count the
votes for representatives in the various districts containing more than
one town, ^s^ard, or unincorporated place. He shall make and mail a cer-
tificate of election to the representatives elected from each district con-
taining more than one toAvn, ward, or unincorporated place.
IV. The town and ward clerks of those districts that contain only
one town or ward shall make a certificate of election in duplicate, certi-
fied and signed in the same manner as the returns of votes for governor.
The clerk shall deliver one of the certificates to the representative elect.
The clerk shall forward the other certificate to the secretary of state in the
same sealed package containing the record of votes as required by para-
graph I of this section.
216:4 Filling Vacancies. Amend RSA 66:7 by striking out the section
and inserting in its place the following: 66:7 Vacancies. If the office of
representative or representative-elect in a district formed by section 3 of
this chapter becomes vacant, the vacancy may be filled in an election held
in the same manner as biennial elections.
216:5 Repeal. RSA 66:4 (supp) as amended by 1961, 275:2 relating
to part time representation by small towns; RSA 66:5 (supp) as amended
by 1961, 275:3 relating to basis for apportionment of representatives; RSA
66:6 (supp) as amended by 1961, 275:4 relative to fixing of proportion of
time to which small towns are entitled to representation; and RSA 66:8
relating to the penalty of the election of an unauthorized representative,
are repealed.
216:6 Effective Date. I. No provision of this act has any effect in
any manner on any of the proceedings or the membership of the house
of representatives of the general court that assembled for a biennial ses-
sion on the first Wednesday of January, 1965.
II. Except as limited by paragraph I of this section, this act takes
effect sixty days after its passage.
[Approved June 30, 1965.]
[Effective date August 29, 1965.]
1965] Chapter 217 241
CHAPTER 217.
AN ACT RELATIVE TO STATE PARTICIPATION IN WATER POLLUTION CONTROL
COSTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
217:1 Water Pollution Control Costs. Amend RSA 149-B by insert-
ing after section 3 as inserted by 1959, 267:1 the following new section:
149-B:4 Additional State Contribution. Any municipality as defined by
section 1 of this chapter which is qualified under said section for the pay-
ment of the state contribution as therein provided, shall be paid annual-
ly by the state of New Hampshire in addition to any payments received
under the provisions of section 1 ten per cent of the yearly amortization
charges on the original cost resulting from the acquisition and construc-
tion of sewerage disposal facilities by it. The word "costs" and the term
"original costs" shall have the same meaning for the purposes of this sec-
tion as they have for the purposes of section 1 of this chapter. The provi-
sions of section 2 of this chapter shall not apply to the payments provided
for by this section.
217:2 Appropriation. There is hereby appropriated for the water
pollution commission: for the purpose of carrying out the provisions of
section 1 of this act one hundred eighty-one thousand fifty dollars for the
fiscal year ending June 30, 1966 and one hundred ninety-seven thousand
eight himdred fifty dollars for the fiscal year ending June 30, 1967 which
sums shall be a charge upon the general fund of the state.
217:3 Takes Effect. This act shall take effect July 1, 1965.
[Approved June 30, 1965.]
[Effective date July 1, 1965.]
CHAPTER 218.
AN ACT TO CHANGE THE QUALIFICATIONS FOR LICENSING OF A BARBER.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
218:1 Barber Qualifications. Amend RSA 313:9 by striking out the
clause "(b) who has practiced as a registered apprentice for a period of six
months under the immediate personal supervision of a registered barber;"
and inserting in its place the following: (b) who has satisfactorily com-
pleted a course of instruction of one thousand hours, in not less than six
months, in a school of barbering approved by the board and in addition
has a total experience as an apprentice of a period of at least six months
242 Chapter 219 [1965
under a licensed barber; or has satisfactorily completed a course of in-
struction of one thousand five hundred hours in not less than nine months
in a school of barbering approved by the board; or has a total experience
of two thousand five hundred hours in the practice of barbering or as an
apprentice distributed over a period of at least eighteen months; and, so
that the section is amended to read as follows: 313:9 — Qualifications.
Any person is qualified to receive a certificate of registration to practice
barbering (a) Avho is at least eighteen years of age; (b) who has satisfac-
torily completed a course of instruction of one thousand hours, in not less
than six months, in a school of barbering approved by the board and in
addition has a total experience as an apprentice of a period of at least six
months under a licensed barber; or has satisfactorily completed a course
of instruction of one thousand five hundred hours in not less than nine
months in a school of barbering approved by the board; or has a total
experience of two thousand five hundred hours in the practice of barber-
ing or as an apprentice distributed over a period of at least eighteen
months; and (c) who has passed a satisfactory examination conducted by
the board to determine his fitness to practice barbering. Any person is
qualified to receive a certificate of registration as a registered apprentice
who is at least sixteen years of age and has paid the required fee.
218:2 Takes Effect. This act takes effect upon its passage.
[Approved June 30, 1965.]
[Effective date June 30, 1965.]
CHAPTER 219.
AN ACT TO RAISE THE FEES CHARGED FOR REGISTRATION OR LICENSING OF
BARBERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
219:1 Barbering Fees. Amend RSA 313:19 by striking out the sec-
tion and inserting in its place the following: 313:19 Fees. The fee to be
paid by an applicant for an examination to determine his fitness to receive
a certificate of registration to practice barbering is ten dollars and for
the issuance of the certificate one dollar.
The fee to be paid by an applicant for a certificate of registration to
practice as an apprentice is five dollars and for the issuance of the certi-
ficate one dollar.
The fee to be paid for the renewal of a certificate of registration to
practice barbering is five dollars and for the restoration of an expired
certificate is ten dollars.
1965] Chapter 219 243
The fee to be paid for the renewal of a certificate of registration to
practice as an apprentice is two dollars and for the restoration of an ex-
pired certificate two dollars.
The fee for a license to operate a barber shop is five dollars and the
yearly renewal of the license is five dollars. Shop licenses that require a
special inspection, such as a new barber shop, change of barber shop loca-
tion or change of barber shop ownership, is twenty-five dollars in the first
instance, including the license, and five dollars for each yearly renewal.
The license shall run from the first of July in each year and the fee pay-
able to the secretary of the board.
The fee for a duplicate copy of an existing license is one dollar.
219:2 Fees for Barbering Instructors. Amend RSA 313:21-b (supp),
as inserted by 1959, 13:1, by striking out the words "The fee for exam-
ination for barbering instructor shall be five dollars" and inserting in
their place the following, The fee for examination for barbering in-
structor shall be twenty-five dollars; further amend the section by striking
out the words "The annual fee for renewals of certificate as barbering
instructor shall be t^vo dollars" and inserting in their place the following.
The annual fee for renewals of certificate as barbering instructor shall be
ten dollars, so that the section is amended to read as follows: 313:21-b
Barbering Instructors. No person shall instruct in any school of barber-
ing unless he has been approved and licensed as a barbering instructor
by the board after oral or written examination or both as determined by
the board. No person shall be approved and licensed as a barbering in-
structor unless (1) he shall have completed two years of high school or
had an education equivalent thereto and (2) shall have completed three
years of actual employment in a licensed shop. The fee for examination
for barbering instructor shall be twenty-five dollars which fee shall in-
clude the issuance of a certificate as barbering instructor. No person shall
be entitled to take the examination or receive an original certificate as
barbering instructor unless he has at the time a valid certificate or regis-
tration to practice barbering. The annual fee for renewals of certificate
as barbering instructor shall be ten dollars.
219:3 Member of Board; Compensation. Amend RSA 313:7 by strik-
ing out the words "ten dollars for each day" and inserting in their place
the words fifteen dollars for each day, so that the section is amended to
read as follows: 313:7 — Compensation. Each member of the board
shall receive as compensation the sum of fifteen dollars for each day
actually devoted to the work of the board and shall be reimbursed for
necessary traveling expenses incurred in the discharge of his duty, pro-
vided that the total expenditures hereby authorized shall not exceed the
amount of moneys received by the state treasurer from the board during
the current year.
244 Chapter 220 [1965
219:4 Effective Date. This act takes effect upon its passage.
[Approved June 30, 1965.]
[Effective date June 30, 1965.]
CHAPTER 220.
AN ACT TO REDISTRICT THE STATE INTO SENATORIAL DISTRICTS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
220:1 Senatorial Districts. Amend RSA 62:12 to 35 (supp), inclusive,
as amended by 1961, 273:1, by striking out said sections and inserting in
place thereof the following: 62:12 District 1. Senatorial district number
one contains Berlin, Carroll, Clarksville, Dummer, Errol, Gorham, Jeffer-
son, Milan, Pittsburg, Randolph, Shelburne, Wentworth's Location and
the following unincorporated places: Bean's Grant, Cambridge, Chand-
ler's Purchase, Crawford's Purchase, Cutts' Grant, Dixville, Dix's Grant,
Erving's Grant, Gilmanton and Atkinson Academy Grant, Green's Grant,
Hadley's Purchase, Kilkenny, Low and Burbank's Grant, Martin's Loca-
tion, Millsfield, Pinkham's Grant, Sargent's Purchase, Second College
Grant, Success, and Thompson and Meserve's Purchase.
62:13 District 2. Senatorial district number two contains Bath, Ben-
ton, Bethlehem, Colebrook, Columbia, Dalton, Easton, Franconia, Haver-
hill, Lancaster, Landaff, Lisbon, Littleton, Lyman, Monroe, Northum-
berland, Stark, Stewartstown, Stratford, Sugar Hill, Whitefield, and the
following unincorporated place: Odell.
62:14 District 3. Senatorial district number three contains Albany,
Alexandria, Ashland, Bartlett, Bridgewater, Bristol, Campton, Center
Harbor, Chatham, Conway, Eaton, Freedom, Hart's Location, Hebron,
Holderness, Jackson, Lincoln, Madison, Meredith, Moultonborough, New
Hampton, Plymouth, Sandwich, Tamworth, Thornton, Waterville, Wood-
stock, and the following unincorporated places: Hale's Location and
Livermore.
62:15 District 4. Senatorial district number four contains Barring-
ton, Brookfield, Candia, Deerfield, Effingham, Epping, Farmington, Fre-
mont, Lee, Middleton, Milton, New Durham, NcAvmarket, Northwood,
Nottingham, Ossipee, Raymond, Strafford, Tuftonboro, Wakefield and
Wolfeboro.
62:16 District 5. Senatorial district number five contains Canaan,
Dorchester, Ellsworth, Enfield, Grafton, Groton, Hanover, Lebanon,
Lyme, Orange, Orford, Piermont, Rumney, Warren, and Wentworth.
1965]
Chapter 220 245
62:17 District 6. Senatorial district number six contains Alton, Barn-
stead, Belmont, Gilford, Gilmanton, Laconia, and Pittsfield.
62:18 District 7. Senatorial district number seven contains Andover,
Boscawen, Canterbury, wards one and two of Concord, Danbury, Frank-
lin, Hill, Newbury, New London, Northfield, Salisbury, Sanbornton,
Sutton, Tilton, Webster, and Wilmot.
62:19 District 8. Senatorial district number eight contains Acworth,
Charlestown, Claremont, Cornish, Croydon, Goshen, Grantham, Langdon,
Lempster, Newport, Plainfield, Springfield, Sunapee, Unity, and Wash-
ington.
62:20 District 9. Senatorial district number nine contains Antrim,
Bedford, Bennington, Bow, Bradford, Deering, Dunbarton, Francestown,
Goffstown, Henniker, Hillsborough, Hopkinton, New Boston, Warner,
Weare, and Windsor.
62:21 District 10. Senatorial district number ten contains Alstead,
Gilsum, Keene, Marlow, Nelson, Roxbury, Stoddard, Sullivan, Surry,
Walpole, and Westmoreland.
62:22 District 11. Senatorial district number eleven contains Chester-
field, Dublin, Fitzwilliam, Greenville, Hancock, Harrisville, Hinsdale,
Jaffrey, Marlborough, New Ipswich, Peterborough, Richmond, Rindge,
Sharon, Swanzey, Troy, and Winchester.
62:23 District 12. Senatorial district number twelve contains Am-
herst.. Brookline, Greenfield, Hollis, Lyndeborough, Mason, Merrimack,
Milford, Mont Vernon, ward one of Nashua, Temple, and Wilton.
62:24 District 13. Senatorial district number thirteen contains wards
three, four, five, six, eight and nine of Nashua.
62:25 District 14. Senatorial district number fourteen contains Al-
lenstown, Epsom, Hooksett, wards one and two of Manchester, and Pem-
broke.
62:26 District 15. Senatorial district number fifteen contains Chi-
chester, wards three, four, five, six, seven, eight and nine of Concord, and
Loudon.
62:27 District 16. Senatorial district number sixteen contains wards
nine, ten, eleven, twelve and thirteen of Manchester.
62:28 District 17. Senatorial district number seventeen contains
wards three, four, five and six of Manchester.
62:29 District 18. Senatorial district number eiohteen contains wards
seven, eig^ht and fourteen of Manchester.
246 Chapter 221 [1965
62:30 District 19. Senatorial district number nineteen contains At-
kinson, Auburn, Brentwood, Chester, Danville, Derry, East Kingston,
Hampstead, Kensington, Kingston, Londonderry, Newton, Plaistow, San-
doAvn, South Hampton, and Windham.
62:31 District 20. Senatorial district number twenty contains Roch-
ester, Rollinsford, and Somersworth.
62:32 District 21. Senatorial district number twenty-one contains
Dover, Durham, and Madbury.
62:33 District 22. Senatorial district number twenty-two contains
Hudson, Litchfield, wards two and seven of Nashua, Pelham, and Salem.
62:34 District 23. Senatorial district number twenty-three contains
Exeter, Greenland, Hampton, Hampton Falls, Newfields, Newington,
North Hampton, Rye, Seabrook and Stratham.
62:35 District 24. Senatorial district number twenty-four contains
Ne^v Castle and Portsmouth.
220:2 Takes Effect. This act shall take effect sixty days after its pas-
sage, but nothing herein shall be construed as affecting the term of office
of the members of the senate for 1965-1967.
[Approved June 30, 1965.]
[Effective date August 29, 1965.]
(Not affecting members of 1965-67 Senate)
CHAPTER 221.
AN ACT EXTENDING APPROPRIATION FOR THE BEAVER BROOK DAM.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
221:1 Appropriation Extended. The appropriation for Beaver Brook
dam in the amount of $150,000, or the unexpended balance thereof, as
provided for in paragraph IX of chapter 251:1 of the Laws of 1963, shall
not lapse, and shall remain available unless sooner expended until June
30, 1967.
221:2 Takes Effect. This act shall take effect upon its passage.
[Approved June 30, 1965.]
[Effective date June 30, 1965.]
1965] Chapter 222 247
CHAPTER 222.
AN ACT RELATIVE TO PRIVATE OWNERSHIP LIABILITY EXEMPTION.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
222:1 Aeronautics Law. Amend RSA 422 by adding a new section
after RSA 422:17 as follows: 422:17-a Private Ownership Liability Ex-
emption. An owner, lessee, or occupant of premises on which private non-
commercial air navigation facilities are located owes no duty of care to
keep the premises safe for public use by others or to give any warning to
wilful users of the premises of hazardous conditions. An owner, lessee,
or occupant of premises on which private non-commercial air navigation
facilities are located who give permission to another to use the facilities
does not thereby (a) extend any assurance that the premises are safe, or
(b) constitute the person to whom permission has been granted the legal
status of an invitee to whom a duty of care is owed, or (c) assume respon-
sibility for or incur liability for any injury to person or property caused
by any act of the person to whom the permission has been granted.
222:2 Effective Date. This act takes effect sixty days after its pas-
sage.
[Approved June 30, 1965.]
[Effective date August 29, 1965.]
CHAPTER 223.
AN ACT TO ELIMINATE RELATIVE RESPONSIBILITY IN THE ADMINISTRATION
OF MEDICAL ASSISTANCE FOR THE AGED.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
223:1 Liability for Support. Amend RSA 167 by adding after RSA
167:3-a as inserted by 1961, 18:1 the following new section: 167:3-b The
provisions of sections 2 and 3 of this chapter do not apply to the adminis-
tration of medical assistance for the asred.
223:2 Effective Date. This act takes effect sixty days after its passage.
[Approved June 30, 1965.]
[Effective date August 29, 1965.]
248 Chapter 224 [1965
CHAPTER 224.
AN ACT RELATIVE TO TOWN APPROPRIATIONS FOR RAILROAD PASSENGER
SERVICE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
224:1 ToA\ai Appropriations. Amend RSA 31:4 by inserting after
paragraph XXXIX as inserted by 1965, 8:1 the following new paragraph:
XL Railroads. To negotiate and arrange for railroad passenger service
to the inhabitants of a town or area and to appropriate and expend such
sums of money therefor as public convenience and necessity may require.
224:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved June 30, 1965.]
[Effective date August 29, 1965.]
CHAPTER 225.
AN ACT TO CLARIFY THE PROCEDURE FOR THE DELIVERY OF ABSENTEE
BALLOTS TO THE MODERATOR.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
225:1 Amend RSA 60:5 by striking out the section and inserting in
its place the following: 60:5 Refusal to Certify; Procedure. If the appli-
cant is not on the check list the town or city clerk shall notify the person
making the application to that effect. The clerk shall preserve the appli-
cation until the time set by law for the destruction of the ballots after the
election at which time the application shall be destroyed. Any justice of
the superior court has jurisdiction in equity upon such notice as he may
order to require that the name of the person making application for an
absentee ballot be placed upon the check list.
225:2 Absentee Voting. Amend RSA 60:7 by striking out the same
and inserting in place thereof the following: 60:7 Procedure, by Clerk.
Upon receipt of the envelope (mailed or delivered to the town clerk,)
purporting to contain an official absentee voting ballot, the clerk of the
city or town shall attach thereto the application for an official absent vot-
ing ballot executed by the voter whose name appears thereon. All such
envelopes shall be preserved unopened. Upon election day before the hour
for the closing of the polls the said clerk shall deliver all envelopes (with
applications) received by him to the moderators in the several voting pre-
1965] Chapter 226 249
cincts in which the voters named therein assert the right to vote, taking
a receipt from the moderator therefor. No absent voter's ballot shall be
cast or counted unless it be delivered to the moderator at the proper poll-
ing place prior to the closing of the polls on the day of the election.
225:3 Effective Date. This act takes effect sixty days after its passage.
[Approved June 30, 1965.]
[Effective date August 29, 1965.]
CHAPTER 226.
AN ACT TO APPROPRIATE ADDITIONAL FUNDS FOR CAPITAL IMPROVEMENTS
TO TECHNICAL INSTITUTES.
Be it Enacted by the Senate and House of Representatives in General
Court co7ivened:
226:1 Appropriation. Amend 1963, 251, by inserting the following
new section: 251:l-a Appropriation. In addition to the sums specified
in section 1, the sum of six hundred ninety thousand dollars ($690,000)
is hereby appropriated for the purpose of capital improvements, which
purpose includes the related improvements, facilities, equipment and
furnishings as are necessary to complete the Manchester Technical Insti-
tute, the Portsmouth Technical Institute and the North Country Techni-
cal Institute. The additional estimated costs for these projects are as fol-
lows:
Manchester Technical Institute $265,000.00
North Country Technical Institute 200,000.00
Portsmouth Technical Institute 225,000.00
226:2 Borrowing Power. Amend 1963, 251:8 by inserting after the
figures "($8,341,150)", the following words and figures, to provide funds
for the appropriations made in section 1-a hereof not exceeding the sum
of six hundred ninety thousand dollars ($690,000), and by inserting after
the figure "1" on line eighteen, the following, 1-a, so that said section as
amended reads as follows: 251:8 Borrowing Power. To provide funds
for the appropriations made in section 1 hereof, the state treasurer is
hereby authorized, under the direction of the governor and council, to
borrow upon the credit of the state not exceeding the sum of eight million
three hundred forty-one thousand one hundred fifty dollars ($8,341,150);
to provide funds for the appropriations made in section 1-a hereof not
exceeding the sum of six hundred ninety thousand dollars ($690,000); to
provide funds for the appropriations made in section 2 hereof not ex-
ceeding the sum of four million three hundred thirty-four thousand eight
hundred eleven dollars ($4,334,811); to provide funds for the appropria-
tion made in section 3 hereof not exceeding the sum of one hundred
250 Chapter 226 [1965
eighty-five thousand one hundred dollars ($185,000); and to provide funds
for the appropriation made in section 4 hereof not exceeding the sum
of one hundred twenty-five thousand dollars ($125,000); and for said pur-
poses may issue bonds and notes in the name and on behalf of the state
of New Hampshire. The governor and council shall determine the form
of such bonds or notes, their rate of interest, the date when interest shall
be paid and the time or times of issue. Such bonds and notes shall be paid
as follo^vs: bonds and notes issued to provide funds for the appropria-
tions made in section 1, 1-a and 4 shall be paid within a period of twenty
years; bonds and notes issued to provide funds for the appropriations
made in section 2 shall be paid within a period of thirty years; and bonds
or notes issued to provide funds for appropriations made in section 3
shall be paid within a period of ten years. Such bonds or notes shall be
signed by the treasurer and countersigned by the governor and shall be
deemed a pledge of the faith and credit of the state.
226:3 Payments. Amend 1963, 251:9 by inserting after the figure "1"
on line two the following: , 1-a, so that said section as amended reads as
follows: 251:9 Payments. The payment of principal and interest on
bonds and notes issued for the projects in sections 1, 1-a, and 3 shall be
made when due from the general funds of the state. The payment of prin-
cipal and interest on bonds and notes issued for the projects in sections
2 and 4 shall be made when due from the general funds of the state but
shall be liquidated as provided in section 15 hereof.
226:4 Proceeds from Sale. Amend 1963, 251:10 by inserting after
the figure "1" on line four the following: , 1-a, so that said section as
amended reads as follows: 251:10 Proceeds from Sale. The proceeds
of the sale of said bonds or notes authorized by section 8 shall be held
by the treasurer and paid out by him upon warrants drawn by the gov-
ernor for the purposes of sections 1, 1-a, 2, 3, and 4 above. The governor,
with the advice and consent of the council, shall draw his w^arrants for
the payments from the funds provided for herein of all funds expended
or due for the purposes herein authorized.
226:5 Short Term Notes. Amend 1963, 251:12 by inserting after the
figure "1" on line nine, the following, ;(l-a) not exceeding the sum of six
hundred seventy-four thousand six hundred thirty dollars for borrowing
to provide funds for the purposes of section 1-a, so that said section as
amended reads as follows: 251:12 Short Term Notes. Prior to the issu-
ance of the bonds or notes hereunder, the treasurer, under the direction
of the governor and council, may for the purposes hereof borro^v money
from time to time on short term loans, which may be refunded by the
issuance of the bonds or notes hereunder. Provided, however, that at no
time shall the indebtedness of the state on short term loans exceed the
following sums: (1) not exceeding the sum of eight million three hundred
forty one thousand one hundred fifty dollars for borrowing to provide
1965] Chapter 227 251
funds for the purposes of section 1; (1-a) not exceeding the sum of six
hundred seventy four thousand six hundred thirty dollars for borrowing
to provide funds for the purposes of section 1-a; (2) not exceeding the
sum of four million three hundred thirty four thousand eight hundred
eleven dollars for borrowing to provide funds for the purposes of section
2; (3) not exceeding the sum of one hundred eighty five thousand one
hundred dollars for borrowing to provide funds for the purposes of sec-
tion 3; and (4) not exceeding the sum of one hundred twenty five thou-
sand dollars for borrowing to provide funds for the purposes of section 4.
226:6 Federal Funds. To the extent that funds are received for fiscal
years ending June 30, 1965 and June 30, 1966 from the federal govern-
ment, pursuant to the vocational education act of 1963 or any other fed-
eral statute making federal money available from capital improvements
to the Manchester, Portsmouth and North Country technical institutes,
the department of education and the governor and council shall utilize
said federal funds for constructing and equipping said institute, provided
that nothing herein shall require that federal funds for fiscal June 30,
1965 be used for the aforesaid technical institutes until two hundred
sixty-five thousand dollars ($265,000) of federal funds has been allocated
to New Hampshire technical institute at Concord, seventy-five thousand
dollars ($75,000) has been allocated to reimburse cooperative school dis-
tricts for new construction for vocational education and fifty thousand
dollars ($50,000) has been allocated for the purchase of new equipment
for approved vocational programs in secondary schools.
226:7 Takes Effect. This act shall take effect upon passage.
[Approved Jime 30, 1965.]
[Effective date June 30, 1965.]
CHAPTER 227.
AN ACT RELATIVE TO PROCEDURE FOR RE-ASSESSMENTS OF TAXABLE
PROPERTY BY THE TAX COMMISSION.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
227:1 Tax Commission. Amend RSA 71:12 (supp) as amended by
1959, 123:1 and 1963, 272:1 by striking out the section and inserting in
place thereof the following: 71:12 Re-Assessments. The tax commission
may order a reassessment of any taxable property in the state:
I. When a specific written complaint is filed with it before the end
of the tax year by a property owner that a particular parcel of real estate
or item of personal property not owned by him has not been assessed, or
252 Chapter 227 [1965
that it has been fraudulently, improperly, unequally or illegally assessed;
or
II. When it comes to the attention of the tax commission from any
source that a particular parcel of real estate or item of personal property
has not been assessed, or that it has been fraudulently, improperly, un-
equally or illegally assessed; or
III. When, for any reason, in the judgment of the commission any
or all of the property in any taxing district should be reassessed.
IV. Notice shall be sent by certified mail to the taxpayer against
whom the complaint is made.
227:2 Time Limitation. Amend RSA 71:13 (supp) as amended by
1955, 297:1, 1959, 123:2 and 1963, 272:2 by striking out said section and
inserting in place thereof the following: 71:13 Procedure For. When
selectmen or assessors are ordered to make an assessment or re-assessment,
it shall be made within such time as the tax commission shall order, pro-
vided however, if such order requires the re-assessment of all of the tax-
able property in a taxing district, such order shall allow at least one year
subsequent thereto in which to comply with said order; and provided
further that if the voters of such taxing district prior to the expiration of
the period during which said order shall be complied with shall vote to
have a complete re-appraisal of all of the taxable property in the taxing
district made by either appraisers of the tax commission or an approved
private appraisal company then the order of the commission shall be sus-
pended until such time as such re-appraisal is completed, and if the same
is satisfactory to the tax commission the order shall be revoked. If the
assessment or re-assessment is not made in conformity with the order,
except as above provided, or is not satisfactory to the tax commission the
commission may make it, or cause it to be made by skilled professional
appraisers employed for the purpose and the commission is authorized to
incur such expense and certify the cost thereof to the governor ^vho shall
draw his warrant on the state treasury out of any money not otherwise
appropriated authorizing payment of the sum so specified.
227:3 Payment. Amend RSA 71:14 (supp) as amended by 1959, 123:3
by striking out said section and inserting in place thereof the following:
71:14 Expense of. The expense of such assessment or re-assessment, if
made by the tax commission or by professional appraisers employed by
it, shall be promptly paid to the state by the town or city in which the
property assessed is situated upon notification by the tax commission of
the amount due.
227:4 No Transfer of Fund. Amend 1963, 199:1 by striking out in
the appropriation for the department of labor the following:
1965] Chapter 228 253
"Less transfer from second injury fund 42,500f
Net Appropriation $104,440
fNotwithstanding any other provision of law, the commissioner of
labor is hereby directed to transfer from the balance in the second injury
fund, established under the provisions of RSA 281:48, to the general funds
of the state the sum of forty two thousand five hundred dollars. Said sum
shall be credited against the appropriation made herein for the depart-
ment of labor."
Further amend said section by striking out the figure "$33,172,165." in
the last line of said section and inserting in place thereof the figure,
$33,214,665.
227:5 Takes Effect. This act shall take effect upon passage.
[Approved June 30, 1965.]
[Effective date June 30, 1965.]
CHAPTER 228.
AN ACT RELATING TO PUBLIC ROADS TO PRIVATE RECREATIONAL AREAS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
228:1 New Chapter. Amend RSA by inserting after chapter RSA
236-B, as inserted by 1963, 115:1, the following new chapter:
Chapter 236-C
Public Roads Leading to Private Recreational Areas
236-C: 1 Authorization. The commissioner of public works and high-
ways when authorized by the general court, and upon the approval of
the governor and council, may lay out and construct a public road to a
private recreational area.
236-C:2 Classification. Any act authorizing the lay out and construc-
tion of such a road shall classify the same. The classifications shall be
either class III or class V, unless special circumstances justify a different
classification.
236-C:3 Appropriation. An act authorizing the lay out and construc-
tion of a public road to a private recreational area shall provide an ap-
propriation for preliminary engineering and said appropriation shall be
in addition and added to the department of public works and highways
engineering appropriation.
254 Chapter 228 [1965
236-C:4 Determination of Feasibility. Any funds appropriated for
preliminary engineering under this chapter shall be expended only upon
approval of the governor and council, after their determination as to the
feasibility of the proposed recreational area and the financial responsi-
bility of the owner or developer.
236-C:5 Advisory Commission. An advisory commission is hereby
established and shall consist of not less than three members, one of whom
shall be a member of the executive council designated by the governor,
one of ^vhom shall be the commissioner of public works and highways, or
his designated representative, and the additional one or more members
^vho shall be appointed by the governor for terms of four years each. The
commission shall advise the governor and council as to the feasibility and
financial responsibility required to be determined as provided in section
4 of this chapter.
236-C:6 Construction Funds. I. The commissioner of public works
and highways, before commencing construction of any public road lead-
ing to a private recreational area, shall determine that sufficient funds
are available to cover the costs of such construction whether from funds
appropriated by the general court or from funds made available by the
industrial park authority under RSA 162-A:6-b.
II. Any funds appropriated for construction or reconstruction of
any public road leading primarily to a private recreational area shall be
expended only after such recreational area is developed for public use
and the expenditure has been determined by governor and council to be
for a public purpose.
III. Any funds appropriated for redemption of a loan previously
made by the industrial park authority for construction of a public road
to a private recreational area shall be in addition and added to the ap-
propriation for construction and reconstruction of the department of
public works and highways and shall be transferred to the industrial park
authority upon approval of the governor and council.
236-C:7 Right-of-Way. The commissioner of public works and high-
ways before commencing construction of any public road under this
chapter shall determine that title to the right-of-way has been conveyed
to the state or to the town or towns in which the road is to be constructed.
228:2 Repeal. RSA 236-B, as inserted by 1963, 115:1, relative to ac-
cess roads to ski developments is hereby repealed.
228:3 Loans from Industrial Park Authority. Amend RSA 162-A
by inserting after section 6-a as inserted by 1959, 136:1 the following new
section: I62-A:6-b Loans for Construction of Public Roads to Private
Recreational Areas. The authority may loan or expend funds, upon such
terms and conditions as prescribed by the authority, for the construction
1965] Chapter 229 255
of public roads to private recreational areas provided such roads have
been authorized by the general court and further provided that the gov-
ernor and council have approved the expenditure of funds for prelim-
inary engineering as provided in RSA 236-C:4. Any loan or expenditure
of funds under this section shall be deemed to be a project subject to ap-
proval of governor and council as provided in RSA 162-A:8.
228:4 Liability for Maintenance. Amend RSA 231 by inserting after
section 8 and section 6-a, as inserted by 1961, 170:1 and amended by 1965,
68, the following new sections respectively: 231:6-b Class III Public
Roads to Private Recreational Areas. Any class III public road which
leads primarily to a private recreational area shall be maintained by the
owner or operator of such area to the satisfaction of the commissioner of
public works and highways, unless otherwise specifically provided.
231:8-a Class V Public Roads to Private Recreational Areas. Any
class V public road which leads to a private recreational area shall be
maintained either by the operator of such area or by the town or towns
in which said road is located unless otherwise specifically provided.
228:5 Takes Effect. This act shall take effect July 1, 1965.
[Approved June 30, 1965.]
[Effective date July 1, 1965.]
CHAPTER 229.
AN ACT TO ESTABLISH THE CITY OF EXETER.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
229:1 EstabKshment. On the effective date of this charter the inhab-
itants of the toAvn of Exeter, in the county of Rockingham, become a body,
corporate and politic, under the name of the "City of Exeter."
229:2 Transfer of Property. All property and assets of the town of
Exeter in existence on the effective date of this charter become vested in
the city under the provisions of this charter, and all obligations and debts
of the town become the obligations and debts of the city of Exeter.
229:3 School District. The school district of the town of Exeter as
it is constituted on the effective date of this charter becomes a body, cor-
porate and politic, and has all the powers and is subject to the same obli-
gations and duties as are conferred or imposed upon town school districts
by the statutes of the state. However, the school district or the city man-
ager provided for under this charter are authorized to enter into any agree-
ments for cooperative purchasing and maintenance of buildings they
consider desirable to effect economies and promote efficiency.
256 Chapter 229 [1965
Elections
229:4 The City Council. The city council consists of nine members
-\vho are qualified voters of the city of Exeter. Six members of the council
are Avard councihnen and three members are councilmen at large. The
boundaries of the wards of Exeter are set forth in paragraph 63 of this
charter. Ward councilmen shall reside in the wards they represent and
shall be elected by the voters of the ward they reside in. The councilmen
at large shall be elected by all of the qualified voters of the city of Exeter.
The terms of office of the ward councilmen are two years and the terms
of the councilmen at large are three years. The terms shall be staggered
so that each year, one councilman at large and one ward councilman from
each ward is elected. The candidate receiving the largest number of votes
is elected to the office.
229:5 Municipal Elections. The city shall hold an annual municipal
election on the Tuesday following the first Monday in November. In the
even numbered years when the municipal election is held on the same
day as the state biennial election is held a special warrant for the mimici-
pal election shall be posted. At each state biennial election held on that
date each ward of the City of Exeter shall elect by ballot a moderator, a
ward clerk and three supervisors of the check-list who shall hold office
for two years and until their successors are elected and qualified.
229:6 Preparation of Ballots. The city clerk shall prepare the ballots
to be used at the municipal elections in form as nearly like the ones used
in state biennial elections as the requirements of this charter permit. Can-
didates for councilmen shall file before five o'clock in the afternoon of
the fourteenth day before the election. Candidates shall pay the city clerk
a fee of two dollars except those on whose behalf a petition has been filed
by at least twenty qualified voters. No name may be printed on the ballot
by reason of such a petition unless the candidate writes his consent on the
petition not later than ten days before the election. In preparing the
ballot, the city clerk shall draw the names of the candidates for each office
by lot, and shall place the names on the ballot in the order they are drawn.
Below^ the list of names of candidates for councilmen the clerk shall place
as many blank spaces as there are councilmen to be voted for. The city
clerk has the same powers and duties with reference to mimicipal elec-
tions as the secretary of state has with reference to general elections so
far as the powers and duties are not inconsistent with this charter.
229:7 Qualification of Voters. Persons who would be qualified to
vote in a state biennial election if it were held on the day of the municipal
election are qualified voters. Municipal elections under this charter are
elections within the meaning of all general statutes, penal and otherwise,
and the statutes governing elections apply to municipal elections so far as
consistent with this charter.
1965] Chapter 229 257
229:8 Procedure. The election officials shall keep the polls open for
voting at each municipal election from 10 o'clock in the morning to 8
o'clock in the evening. Unless changed by the city council, the election
officials shall receive, sort, count, and declare the vote pursuant to the
election statutes. The city clerk shall make a true and certified copy of
the record of the votes. A majority of the supervisors and the moderator
shall also certify to the correctness of the record of the votes.
229:9 Ballot Preservation. All the ballots cast at a municipal elec-
tion shall be kept by the city clerk, sealed for two months. They may be
opened during the two months on a request for a recount by a candidate
in the election at which they were cast, or upon order of any court or the
city council.
229:10 Canvass. The city council shall meet on the Thursday fol-
lowing the election, and the city clerk shall lay the returns of the vote
before the council. The council shall examine the results and declare the
persons having the largest number of votes to be elected, and shall cause
them to be notified of their election.
229:11 Contested Elections. Upon the request of any candidate made
after the declaration of the successful candidates, the council shall, subject
to such rules and regulations as it prescribes, recoimt the ballots cast in
the election and hear and determine any election contest. Decisions of
the council are final. If there is a tie vote, the council shall choose the
successful candidate by lot in such manner as it may determine. For the
purpose of hearing evidence in any election contest, the council has the
power to subpoena witnesses and compel the production of books, rec-
ords, and papers.
229:12 House of Representatives. Members of the house of repre-
sentatives elected from the town of Exeter in office when this charter is
adopted shall serve as such members for the remainder of the term for
which elected as members at large from the city of Exeter. Thereafter the
city of Exeter shall be entitled to the number of representatives appor-
tioned to the city. Said representatives shall be elected at large until the
general court shall apportion the representatives for each ward.
Administration
229:13 The Council. The administration of all fiscal, prudential,
and municipal affairs of the city of Exeter is, except as other^vise provided,
vested in the city council. Vacancies occurring in the office of councilman
shall be filled by a majority vote of the council. The city clerk shall act
as clerk of the council.
229:14 Chairman. The council shall at its first meeting of the year
choose one of its members as chairman for the municipal year. He shall
258 Chapter 229 [1965
preside at meetings of the council and may speak and vote in council
meetings. He is the head of the city for all ceremonial purposes.
229:15 Qualifications. Any person may be a candidate for election
as councilman if he is a qualified voter in the city and has been a resident
of the city for two years immediately preceding the election. No person
in default in taxes to the city is eligible for election to the council. No
councilman during his term as coimcilman is eligible to hold any other
paid miuiicipal office or position. This section does not prevent any coun-
cilman from serving as a call member of the fire department.
229:16. Compensation. A councilman is entitled to ten dollars for
each reo^ular council meetino- he attends, but is not entitled to more than
two hundred dollars in any year, in full for his services and expenses.
229:17 Meetings. All meetings of the council at which a vote is taken
are public. Regular meetings shall be held twice monthly at a time set by
the council. Special meetings may be held upon notice delivered to each
councilman by the city clerk at the request of the chairman, or the man-
ager with the consent of the majority of the councilmen. A majority of
the council constitutes a quorum for the transaction of business. The city
clerk shall give public notice of council meetings, budget hearings, and
other meetings open to the public in such a manner as to permit maxi-
mum participation by all voters.
229:18 General Powers. The city cotmcil created by this act, except
as herein otherwise provided, has all the powers and may perform, in
reference to each other or otherwise, all the duties which mayors, boards
of aldermen, and common councils of cities, and selectmen of towns are
by la^v authorized or required to do and perform, except as those powers
or duties are inconsistent with other provisions of this charter, or with
powers or duties specifically transferred to the manager. The city council
created by this act has all the powers and may perform all the provisions
of statutes pertaining to the duties or powers of aldermen or common
councils, except insofar as a contrary intention appears in this act or inso-
far as they are inconsistent with other provisions of this charter or with
powers or duties specifically transferred to the manager.
229:19 Manager. The city council shall appoint a city manager. The
city manager is the chief executive and administrative officer of the city
government. He shall keep the council informed of the condition and
needs of the city. He has the right to take part in the discussion of all
matters coming before the council but he does not have the right to vote.
The council shall appoint him for an indefinite term by a t^vo-thirds vote
of its members.
229:20 Qualifications. The manager shall be chosen solely on the
basis of his executive and administrative qualifications. He need not be
1965] Chapter 229 259
a resident of the city or state at the time of his appointment. During liis
tenure of office he shall reside within the city.
229:21 Removal. The manager may be removed by a two-thirds vote
of the members of the council. At least thirty days before the proposed
removal of the manager, the council shall adopt a resolution stating its
intention to remove him and the reasons for the removal. The city clerk
shall have a copy of the resolution served forthwith on the manager. With-
in ten days after receiving the resolution, the manager may demand a
public hearing, in which event the manager may not be removed until
after the public hearing. Upon or after passage of the resolution the coun-
cil may suspend him from duty, but his pay continues until his removal.
If he is suspended, the council may appoint an acting manager to serve
at the pleasure of the council for not more than ninety days. The action
of the council in removing the manager is final.
229:22 Non-interference by the Council. Neither the council nor
any of its members shall direct or request the city manager to appoint any
person to office or employment, or to remove any person from office or
employment. Neither the council nor any of its members shall give orders
to any of the administrative officers either publicly or privately. Any viola-
tion of the provisions of this section by a councilman shall be a misde-
meanor, a conviction of ^vhich shall result in immediate forfeiture of his
office.
229:23 Officers. The manager shall appoint the officers he considers
necessary to administer all departments of the city.
229:24 Administrative Departments. The first manager under this
charter shall draft and submit to the council within six months after tak-
ing office an ordinance dividing the administrative services of the city into
departments, divisions, and bureaus and defining the finictions and duties
of each. The ordinance is kno^vn as the "Administrative Code." After the
adoption of the ordinance, upon recommendation of the manager, the
council by ordinance may create, consolidate, or abolish departments,
divisions, and bureaus of the city and define or alter their fimctions and
duties. Each officer has supervision and control of his department and the
employees in his department, and he has the power to prescribe rules and
regulations for the administration of his department, consistent with the
administrative code and the rules and regulations of the merit plan. Pend-
ing passage of such a code the manager may establish temporary regula-
tions.
229:25 Municipal Year. The first weekday of January is the begin-
ning of the administrative municipal year. A newly elected councilman
takes office at the beginning of the municipal year following his election,
and he remains in office until his successor is elected and qualifies.
260 Chapter 229 [1965
Finances
229:26 Financial Control. The comptroller shall maintain account-
ing control over the finances of the city, make financial reports, and per-
form such other duties as required. No bill against the city may be ap-
proved by the city manager until the comptroller has audited and
approved the bill and has certified that the bill was lawfully contracted,
that the prices charged for all goods and material are reasonable, that
the goods or material were actually received by the city and that the bill
is in favor of a person legally entitled to receive payment for the bill. The
duties of the comptroller may not be vested in the same person as the dis-
bursing officer.
229:27 False Audit, Penalty. If the comptroller knowingly makes a
false certification or approves any bill when he knows that the appropria-
tion from Avhich the bill should be paid is exhausted, he shall be fined not
exceeding tA\^o hundred dollars or imprisoned not exceeding six months,
or both.
229:28 Unauthorized Payment, Penalty. If an officer who is author-
ized to pay money of the city pays out any money from the city treasury
except on order of the city manager after approval by the comptroller,
he shall be fined not exceeding two hmidred dollars or imprisoned not
exceeding six months, or both, and is personally bound to refund to the
city any sum so paid.
229:29 Budget Procedure. The city fiscal year begins on July 1 of
each calendar year. Before March 31 of each year, each officer or director
of a department shall submit to the manager an itemized estimate of ex-
penditures for the next fiscal year for the departments or activities luider
his control. The manager shall submit the proposed budget to the council
not later than the second regular council meeting of April of each year.
229:30 Budget Hearing. The council shall hold a public hearing
on the budget at least thirty days before its final adoption by the council,
at a time and place as the council directs. The city clerk shall publish a
notice of the date, time, and place of holding the public hearing, and also
a copy of the budget as submitted by the manager, in a ne^vspaper in gen-
eral circulation in the city at least seven days before the public hearing.
The city clerk shall have copies of the budget available at his office at
least seven days before the public hearing.
229:31 Date of Final Adoption. The council shall adopt the budget
not later than the first day of the fiscal year to which it applies. Should
the council take no final action on or prior to that day, the budget as sub-
mitted shall be deemed to have been finally adopted by the council.
229:32 Appropriations after the Budget is Adopted. The council
shall not make an appropriation for any purpose not included in the
1965] Chapter 229 261
annual budget as adopted unless voted by a two-thirds vote of the council
after a public hearing held to discuss the appropriation. The council shall
by resolution designate the source of any money so appropriated. The
city clerk shall publish notice of the public hearing and a statement of
the purpose and amount of the appropriation in a manner similar to the
publication of the notice of the hearings on the annual budget.
229:33 Budget Control. At the beginning of each quarterly period
during the fiscal year and more often if required by the council, the man-
ager shall submit to the coimcil data showing the relation between the
estimated and the actual income and expenses to date, together with out-
standing indebtedness and estimated future expenses. If it appears that
the income is less than anticipated, the council and the manager may re-
duce the appropriation, for any item or items, except amounts required
for debt and interest charges. The manager may provide for monthly or
quarterly allotments of appropriations to departments, funds, or agencies
luider such rules as he prescribes.
229:34 Transfer of Appropriations. After the budget has been
adopted, no money may be drawn from the treasury of the city, nor may
any obligation for the expenditure of money be incurred, except under a
budget appropriation unless there is a specific additional appropriation
for the expenditure. The head of any department with the approval of
the manager, may transfer any unencumbered balance or any portion of
it from one fund or agency within his department to another fund or
agency within his department. The manager, with approval of the coun-
cil, may transfer any unencumbered appropriation balance or any portion
of it from one department to another.
229:35 Depository. The council shall designate the depository or
depositories for the city funds on a bid basis, and shall provide for the
daily deposit of all city moneys. The council may provide for such security
for the city deposits it considers necessary, except that personal surety
bonds may not be used as security.
229:36 Independent Audit. The council shall have an independent
audit made of all accoiuits of the city government at least annually and
more frequently if considered necessary by the council. The audit shall
be made by accountants experienced in municipal accounting or by a
state tax commission auditor. The coiuicil shall make public an abstract
of the results of the avidit. At least once every five years the council shall
request that the audit be made by the state tax commission if it is then
authorized by law to make such an audit. The council shall prepare an an-
nual report of the city's affairs of the preceding fiscal year. The council
shall make the reports available for distribution by the city clerk by Oc-
tober 15 of each year.
229:37 Official Bonds. Any city officer elected or appointed by au-
thority of this charter may be required by the council to give a bond to
262 Chapter 229 [1965
be approved by the city solicitor for tiie faithful performance of the duties
of his office. The manager and all officers receiving or disbursing city
funds must be so bonded. All official bonds shall be corporate surety bonds
and the bond premiums shall be paid by the city. The bonds shall be filed
Avith the city clerk. No person may take office until the bond required by
this section has been filed.
229:38 Borrowing Procedure. Subject to the applicable provisions
of state \r\v and the rules and regulations provided by ordinances, the
council, by resolution, may authorize the borrowing of money for any
purpose within the scope of the powers vested in the city. It may authorize
the issuance of bonds of the city or other evidence of indebtedness, and
may pledge the full faith, credit, and resources of the city for the payment
of the obligation created by the resolution. In no event may the term of
the bonds exceed the limitations imposed by state law. To borrow money
for a term longer than one year, the council shall hold a public hearing
advertised in the same manner as the public hearing on the budget, and
the council must approve the borrowing by a two-thirds vote.
229:39 Investment of Bond Proceeds. The city treasurer may invest
the proceeds from the issue of bonds and notes and temporary notes issued
in anticipation of revenue, prior to their application to the payment of
liabilities incurred for the purpose specified in the authorization of the
loan, in certificates of deposit in any state banks or trust companies or
national banks or in United States treasury bills.
City Personnel
229:40 Appointments. Officers making appointments and promo-
tions to any position in the service of the city shall make them on the
basis of merit and only after examination of the applicant's fitness. So far
as possible examinations shall be competitive.
229:41 Rules and Regulations. Within three months after assuming
office the first city manager under this charter, with the assistance of the
personnel advisory board, shall draft and submit to the council a set of
rules and regulations which provide for the establishment of a merit sys-
tem of personnel administration and for the implementation of such
portions of that system as are prescribed by this charter. The rules and
regulations become effective thirty days after their submission unless
vetoed by the council within that period. The manager shall provide in
the rules and regulations provisions with regard to classification, com-
pensation, selection, training, promotion, discipline, vacations, retire-
ments, and any other matters necessary to the maintenance of efficient
service and the improvement of working conditions. Until the first set of
such rules and regulations become efl:ective, the manager may establish
temporary rules and regulations. The manager with the assistance of the
1965] Chapter 229 263
personnel advisory board, may submit amendments to the rules and regu-
lations of the merit system to the council. The amendments become effec-
tive thirty days after they are submitted to the council, unless the council
vetoes the amendments within the thirty days.
229:42 Compensation. The city manager, with the assistance of the
personnel advisory board, shall provide a schedule of pay in the rules
and regulations of the merit plan for the salaries of all officers and em-
ployees of the city not fixed by this charter. He shall include a minimum
and maximum schedule with such intermediate rates as he considers ad-
visable for each class of positions provided in the rules and regulations.
In increasing or decreasing items in the city budget, the council may not
increase or decrease any individual salary item. It shall not act solely with
respect to total salaries in each of the various departments of the city.
229:43 Personnel Advisory Board. A personnel advisory board is
established to study the broad problems of personnel policy and adminis-
tration, to advise the council concerning the personnel policies of the
city, to advise the manager regarding the administration of the merit
plan and retirement system, and to hear appeals of any employee ag-
grieved as to the status or condition of his employment or retirement.
The board shall report its findings of facts and recommendations to the
manager upon such appeals but the board has no power to reinstate an
employee unless it finds, after investigation, that the disciplinary action
was taken against the employee for religious, racial, or political reasons.
The board is to serve without pay. The board consists of three citizens
holding no other political office. One member is appointed by the man-
ager, one by the council and the third by these two appointees. In the
first instance only, the member appointed by the manager shall serve for
one year, the member appointed by the council for two years and the
third member for three years, in each case beginning on the effective date
of this charter. The term of all succeeding members is for three years be-
ginning on the expiration of the previous term.
229:44 Certification of Compensation. No compensation may be
paid without certification by the manager, or by such officer as he directs,
that the recipients are employed by the city and that their rates of com-
pensation comply with the pay schedule provided for. If the officer ap-
proves payments not in conformity ^vith the pay schedule, he and his
surety are liable for the amount of the payments.
229:45 Tax Payers Remedy. A tax payer may maintain a civil action
to restrain payment of compensation to persons unlawfully appointed
or employed, and may maintain an action to recover for the city sums
paid contrary to the provisions of this charter.
229:46 Politics. No person receiving any compensation as an officer
or employee of the city of Exeter, other than a councilman, a member of
264 Chapter 229 [1965
the board of registrars of voters, or a call fireman, in the service of the
city, may continue in that position after becoming a candidate for nom-
ination or election to any public office, nor shall any such person make
or solicit any contribution to the campaign funds of any political party
or any candidate for public office, or take part in the management, affairs,
or political campaign of any political party further than in exercise of
his rights as a citizen to express his opinion and to cast his vote. Whoever
violates any provision of this section shall be punished by a fine not more
than fifty dollars. Upon final conviction of a violation of this section his
office or position in the service of the city becomes vacated and he shall
never again be eligible for any office or position, elective or otherwise,
in the service of the city.
229:47 Employees when Charter Adopted. No employee of the city
at the time this charter is adopted may be required to take any examina-
tion in order to continue within the employment of the city. All other
provisions of the merit plan apply to such employees.
229:48 Oath of Office. Every person elected or appointed to any city
office before entering upon the duties of his office shall take and subscribe
to an oath of office as provided by law. He shall file the oath in the office
of the city clerk,
229:49 Notice of Election or Appointment. The city clerk shall mail
written notice of the election or appointment of any city officer to the
officer at his address within forty-eight hours after the appointment is
made or vote canvassed. If, within ten days of the date of notice, such
officer does not take, subscribe to, and file -^vith the city clerk an oath of
office, the neglect is deemed a refusal to serve and the office thereupon
becomes vacant, unless the council extends the time in ^vhich the officer
may qualify.
229:50 Vacancy Defined. In addition to other provisions of this
charter a vacancy exists in any office when an officer dies, resigns, is re-
moved from office, is convicted of a felony, or is judicially declared to be
mentally incompetent.
229:51 Official Interest in Contracts. No elective or appointive officer
or employee of the city may take part, directly or indirectly, in a decision
concerning the business of the city in which he has a financial interest
aside from his salary as such officer or employee.
229:52 Private Use of Public Property. No officer or employee may
devote any city property or labor to private use except as provided by law
or ordinance.
229:53 Use of Streets by Public Utilities. Every public utility shall
pay such part of the cost of improvement or maintenance of streets, alleys.
1965]
Chapter 229 265
bridges, and public places that arises from its use thereof, and it shall pro-
tect and save the city harmless from all damage arising from the use.
229:54 Liability for Discharge. The removal from office or employ-
ment with, or without cause, under this charter, of a person elected or
appointed or otherwise chosen for a fixed term gives no right of action
for breach of contract.
229:55 Notice of Claim. No action at law of bill in equity may be
sustained against the city unless a notice setting forth the nature and
amount, if any, of the claim is delivered or sent by registered mail to the
office of the city clerk not less than sixty days prior to the commencement
of the action at law or bill in equity.
229:56 District Court. The district court of the town of Exeter as
constituted on the effective date of this charter is continued in the city
of Exeter.
229:57 Violations. All violations of provisions of this charter unless
otherwise provided are declared to be misdemeanors and all violations of
the charter and violations of city ordinances for which no other punish-
ment is provided shall be punished by fine not exceeding five hundred
dollars or imprisonment for a period not exceeding ninety days, or both,
in the discretion of the court.
229:58 Public Records. The city shall buy all books of account, in
relation to the receipt holding or disbursement of money of the city kept
by any official of the city, and they remain the property of the city. When
the keeper of the books of accoinit leaves office, he shall turn the books
over to the city clerk. All books pertaining to city affairs kept by the city
manager, city clerk, or any other elective or appointive officer of the city
shall be kept in the city buildings in their proper places and may not be
remo\'ed without the prior order of the court or prior vote of the city
coiuicil. All books and accounts of any official of the city and all records
of the city coinicil and any committee of the council are open to the in-
spection of any citizen of the city at all times during business hours.
229:59 Excessive Expenditures. If any officer, board, or commission
or member thereof, of the city, having authority to make contracts or
expend money in behalf of the city makes any contract, purchases any
goods, or employs any labor, or otherwise undertakes to make the city
liable for any amount in excess of the funds available for the contract or
expenditure from income or appropriations, the officer, board, or com-
mission, or member thereof, may be removed from office by the city coun-
cil after a hearing.
229:60 Trust Funds. Trustees of trust funds of the city shall keep
the funds separate and apart from all other funds in the hands of the
trustees. The council shall appoint one trustee each year for a term of
266 Chapter 229 [1965
three years. The appointment of a trustee is not effective until it is con-
firmed by a vote of at least two-thirds of the membership of the council.
The trustees shall invest the funds in securities legal for investment. The
adoption of this charter does not affect the term of office of the trustees
of trust funds in office at the time of its adoption.
229:61 (This section is reserved for future use.)
229:62 (This section is reserved for future use.)
Ward Boundaries
229:63 Waids. The city of Exeter is divided into three wards.
I. Ward One is that portion of the western part of the city bounded
on the west by the town of Brentwood; on the north by the town of New-
fields, east by the tracks of the Boston and Maine Railroad and south by
the tOAvn of East Kingston more particularly described as follows: Begin-
ning at the junction of the north boundary of the town of East Kingston
with the east boundary of the town of Brentwood and the west boundary
of the city of Exeter, which point is the southwest corner of the city of
Exeter and of Ward One of the city; thence northerly following the west
boundary of the city of Exeter to the center line of the Exeter River, as
it floAvs on its natural course which is also the boundary between Exeter
and the town of Brentwood; thence easterly following the boundary line
bet^veen Brentwood and Exeter along the center line of the Exeter River
as it turns and flows on its natural course, to the point where the boundary
line 4eaves the Exeter River; thence northerly along the boundary line
betAveen Brentwood and Exeter to its junction with the boundary of the
town of Epping and the town of Newfields; thence southeasterly along
the boundary between Newfields and Epping as it jogs and turns, to its
jimction with the center line of the Boston and Maine railroad main line
to Portsmouth; thence southwesterly along the centerline of the Boston
and Maine railroad to its junction with the boundary line between East
Kingston and Exeter; thence ^vesterly along the boundary line bet^veen
East Kingston and Exeter to the town line of Brentwood, which is the
point of beginning.
IL Ward T^vo is that portion of the center of the city of Exeter
bovnided generally by the Boston and Maine railroad on the Avest, the
town of Newfields on the north, the Squamscott river and the Exeter
ri\ er on the east, and the Exeter river and the town of Kensington on
the south, more particularly described as follows: Beginning at the point
of intersection of the boundary line bet'ween East Kingston and Exeter,
and the center line of the Boston and Maine railroad, Avhich is the south-
west corner of ward two, thence from the point of beginning northeasterly
along the center line of the Boston and Maine railroad which is also the
east boundary of -^vard one of the city of Exeter to its intersection ^vith
1965] Chapter 229 267
the boundary line between Newfields and Exeter; thence easterly along
the boundary line between Newfields and Exeter to the boundary line
between the town of Stratham and Exeter which is the center line of the
Squamscott river, as it flows on its natural course, thence southerly along
the center of the mainstream of the Squamscott river, as it flows on its
natural course which is the boundary line between Stratham and Exeter,
to the point where the boundary line between the town of Stratham and
Exeter leaves the Squamscott river; thence continuing southerly along
the center of the Squamscott river as it flows on its natural course, to the
dam in the river as it exists on the effective date of this charter; through
the center of the dam to the center line of the Exeter river as it flows on
its natural course; thence continuing southerly along the center of the
mainstream of the Exeter river as it flows on its natural course to the in-
tersection of the river -^vith the center line of state highway 108; thence
southerly along the center line of state highway 108 to its intersection
with the boundary line between the town of Kensington and Exeter;
thence westerly along the boundary line between the town of Kensington
and Exeter to its junction with the town line of East Kingston; continuing
westerly along the boundary line betAveen East Kingston and Exeter to
its intersection with the center line of the Boston and Maine railroad,
which is the point of beginning.
III. Ward Three is that portion of the easterly part of the city of
Exeter bounded generally by the southerly section of state highway 108,
the Exeter river, and the Squamscott river on the ^vest, the town of
Stratham on the northeast, the towns of Hampton, Hampton Falls, and
Kensington on the south more particularly described as follows: Begin-
ning at a point at the intersection of the center line of state highway 108
with the boundary line between the town of Kensington and Exeter;
thence northerly along the center line of state highway 108 to its inter-
section Avith the center of the mainstream of the Exeter river as it flows
on its natural course; thence easterly and northerly along the center of
the mainstream of the Exeter river as its flows on its natural course,
through the center of the dam as it exists on the effective date of this
charter, and then along the center of the mainstream of the Squamscott
river as it flows on its natural course, to its junction with the boundary
line between the town of Stratham and Exeter; thence southwesterly along
the boundary line between the town of Stratham and Exeter to its junc-
tion Avith the town line of Hampton and Exeter; thence westerly along
the boundary line between the town of Hampton and Exeter to its junc-
tion with the town line of Hampton Falls; thence continuing westerly
along the boundary line between the town of Hampton Falls and Exeter
to its junction with the town line of Kensington; thence continuing
westerly along the boundary line between the town of Kensington and
Exeter to its point of intersection with the center line of state highway
108, which is the point of beginning.
268 Chapter 229 [1965
Local Legislation
229:64 Municipal Legislation.
L Ordinances. All municipal legislation is enacted by the council
by the passage of an ordinance. The council shall identify each ordinance
by a number and short title. The enacting clause is, "The City of Exeter
Ordains". Members of the council or persons petitioning to introduce an
ordinance shall prepare the ordinance in writing in the form as it is to
be passed. After the ordinance is introduced the council shall have it read
by title at an open meeting of the council. The council shall have the
ordinance published in a ncAvspaper of general circulation in the city at
least once, with a notice of the date, time and place when the ordinance
will be given a public hearing at least seven days before the public hear-
ing. If the full text of the ordinance is not published, the city manager
shall have a copy of the complete ordinance as it will appear in final pas-
sage available for any citizen requesting it, at least seven days before the
date set for the public hearing. At the public hearing, the council shall
have the bill read a second time. The council shall consider the ordinance
for final passage at the time of its third reading.
II. Zoning. Proposals for city zoning may not be passed by the coun-
cil as an ordinance. Such a proposal shall be passed by a majority of the
voters who vote on the proposal for zoning at a zoning referendum.
III. Saving Clause. All ordinances and by-la"\vs of the to^vn of Exeter
or its selectmen continue in force after the effective date of this charter
until altered or repealed by the city council, except where a contrary in-
tent appears in this charter.
229:65 (This section is reserved for future use.)
Initiative and Referendum
229:66 General Authority. The qualified voters of the city have
po^ver to propose ordinances to the council. If the council fails to adopt
an ordinance so proposed without any change in substance, the qualified
voters have poAver to adopt or reject it at a city election. The po"\\er does
not extend to the budget or capital program or any ordinance relating
to appropriation of money, levy of taxes or salaries of city officers or em-
ployees. The qualified voters of the city have power to require reconsid-
eration by the council of any adopted ordinance. If the council fails to
repeal an ordinance so reconsidered, the qualified voters have po^ver to
approve or reject it at a city election. The power does not extend to the
budget or capital program or any emergency ordinance relating to appro-
priation of money or levy or taxes.
229:67 Commencement Proceedings. Any five qualified voters may
commence initiative or referendum proceedings by filing with the city
clerk an affidavit stating they will constitute the petitioners' committee
1965] Chapter 229 269
and be responsible for circulating the petition and filing it in proper
form, stating their names and addresses and specifying the address to
which all notices are to be sent, and setting out in full the proposed in-
itiative ordinance or citing the ordinance sought to be reconsidered.
Promptly after the affidavit of the petitioners' committee is filed the clerk
shall issue the appropriate petition blanks to the petitioners' committee.
229:68 Petitions.
I. Initiative and referendum petitions must be signed by qualified
voters of the city equal in number to at least 5% of the total number of
qualified voters registered to vote at the last regular city election.
II. All papers of a petition must be uniform in size and style and
must be assembled as one instrument for filing. Each signature must be
executed in ink or indelible pencil and followed by the address of the
person signing. Petitions must contain or have attached to them through-
out the time of their circulation the full text of the ordinance proposed
or sought to be reconsidered.
III. The person who circulates a petition shall attach to each paper
of a petition an affidavit executed by the circulator which states the num-
ber of signatures on the petition; that he personally circulated the peti-
tion; that all the signatures were affixed in his presence; that he believes
them to be the genuine signatures of the persons Avhose names they pur-
port to be; and that each signor had an opportunity before signing the
petition to read the full text of the ordinance proposed or sought to be
reconsidered.
IV. The referendum petitions must be filed within thirty days after
the council adopted the ordinance sought to be reconsidered.
229:69 Procedure After Filing. Within twenty days after the peti-
tion is filed, the city clerk shall complete a certificate as to its sufficiency.
If it is insufficient, he shall specify the particulars wherein it is defective.
The clerk shall promptly send a copy of the certificate to the petitioners'
committee by registered mail. A petition certified insufficient for lack of
the required number of valid signatures may be amended once if the peti-
tioners' committee files a notice of intention to amend it with the clerk
within two days after receiving the copy of his certificate and if the peti-
tioners' committee files a supplementary petition upon additional papers
within ten days after receiving the copy of the certificate. The supple-
mentary petitions must fulfill the requirements of the original petitions.
Within five days after it is filed the clerk shall complete a certificate as
to the sufficiency of the petition as amended and promptly send a copy
of such certificate to the petitioners' committee by registered mail as in
the case of an original petition. If a petition or amended petition is certi-
fied sufficient, or if a petition or amended petition is certified insufficient
and the petitioners' committee does not elect to amend or request coun-
270 Chapter 229 [1965
cil review (see next paragraph) the clerk shall promptly present his cer-
tificate to the council and the certificate shall then be a final determination
as to the sufficiency of the petition.
If a petition has been certified insufficient and the petitioners' com-
mittee does not file notice of intention to amend it or if an amended
petition has been certified insufficient, the committee may, within two
days after receiving the copy of the certificate, file a request that it be
re\'ieAved by the council. The council shall review the certificate at its
next meeting following the filing of the request and approve or disap-
prove it. The council's determination is then a final determination of the
sufficiency of the petition.
A final determination as to the sufficiency of a petition is subject to
court review. A final determination of insufficiency, even if sustained
upon court review, does not prejudice the filing of a new petition for the
same purpose.
229:70 Referendum Petitions. When a referendum petition is filed
with the city clerk, the ordinance sought to be reconsidered is suspended
from taking effect. The suspension shall end when:
a. There is a final determination of insufficiency of the petition, or
b. The petitioners' committee withdraws the petition, or
c. The council repeals the ordinance, or
d. Thirty days have elapsed after a vote of the city on the ordinance.
229:71 Action on Petition.
I. Action by the Council. When an initiative or referendum peti-
tion has been finally determined sufficient, the council shall promptly
consider the proposed initiative ordinance in the manner provided in
this charter, or reconsider the referred ordinance by voting its repeal.
If the council fails to adopt a proposed initiative ordinance without any
change in substance within 60 days or fails to repeal the referred ordi-
nance within 30 days after the date the petition was finally determined
sufficient, it shall submit the proposed or referred ordinance to the voters
of the city.
II. Submission to Voters. The city shall hold an election on a pro-
posed or referred ordinance not less than 30 days and not later than one
year from the date of the final council vote on the ordinance. If no regu-
lar city election is to be held within the period prescribed in this para-
graph, the council shall provide for a special election. If a regular city
election is held within the period, the vote shall be held at the same time
as the regular election, except that the council may in its discretion pro-
vide for a special election at an earlier date within the prescribed period.
The council shall make copies of the proposed or referred ordinance avail-
able at the polls.
1965] Chapter 229 271
III. Withdrawal of Petitions. An initiative or referendum petition
may be withdrawn at any time prior to the fifteenth day preceding the
day scheduled for a vote of the city by filing with the city clerk a request
for withdrawal signed by at least four members of the petitioners' com-
mittee. Upon filing of the request the petition has no further effect and
all proceedings on the petition are ended.
229:72 Results of Election.
I. Initiative. If a majority of the qualified electors voting on a pro-
posed initiative ordinance vote in its favor, the ordinance is adopted upon
certification of the election results and is in all respects the same as ordi-
nances adopted by the council. If conflicting ordinances are approved at
the same election, the one receiving the greatest number of affirmative
votes prevails.
II. Referendum. If a majority of the qualified electors voting on a
referred ordinance vote against it, the ordinance is repealed upon certifi-
cation of the election results.
229:73 Repeal or Amendment. No section or provision of this char-
ter may be repealed or amended unless the act making the repeal refers
specifically to this charter and to the sections or provisions so repealed.
Temporary Provisions
229:74 First Elections. I. Notwithstanding paragraph 5 of this char-
ter, the city shall hold its first municipal election on the first Tuesday that
follows the thirtieth day after the adoption of the charter.
II. The three selectmen of the town of Exeter shall serve as coun-
cilmen at large in the city of Exeter until December 31 of the year before
the end of the term to which each ^vas elected as selectman, or until his
successor is elected and qualifies in his stead.
III. In the first municipal election, the voters of each ward shall
elect two councilmen; the councilman receiving the highest number of
votes is elected for a term that ends on December 31 of the second full
municipal year after the adoption of this charter, and the councilman
receiving the second highest number of votes is elected for a term that
ends on December 31 of the first full municipal year after the adoption
of this charter, or until their successors are elected and qualify in their
stead. Councilmen elected in the first election take office on the Monday
following their election.
IV. In the first municipal election, the town clerk of Exeter has, the
same duties and poxvers that are given under this charter to the city clerk.
In the first municipal election the selectmen of the town of Exeter have
the same powers and duties that are granted to the city council under
this charter.
272 Chapter 229 [1965
V. In the first municipal election, the town clerk and incumbent
selectmen shall perform the functions of the canvass and determine con-
tested elections as prescribed by the charter.
\l. "Within fourteen days from the date of adoption of this act by
the toAvn. the selectmen of the town of Exeter shall appoint a moderator,
clerk, and three supervisors of the check-list and four inspectors of elec-
tion for each ^vard, which officers shall be residents of their respective
Avards. The supervisors shall act as selectmen of their respective wards
for the purpose of calling the first ward meeting, and shall call the meet-
ing according to law. They shall seasonably prepare check-lists for their
respective wards, and perform all duties respecting the check-lists required
by law. The supervisors of the check-list in each ward shall fix the poll-
ing place in the ward and give public notice of its location.
229:75 Incumbent Officials. I. In the first instance, the incumbent
town manager shall continue to serve as city manager, and for purposes
of the administration of the charter, he is deemed to be the appointed
city manager, with a similar term of office.
II. In the first instance, all elected and appointed officials of the
toAvn of Exeter shall continue to serve in comparable offices in the city
of Exeter, if possible, except that the selectmen shall continue to serve
as councilmen at large under the provisions of section 74 of this charter.
The appointment of the elected and appointed officers of the toAvn as
officials in the city is the first order of business of the city manager after
the adoption of this charter. The appointments remain in force until the
manager makes his appointments under the administrative code adopted
under the charter.
229:76 Referendum. This charter does not take effect unless it is
adopted by a ballot vote at a special election to be held on the third Tues-
day of October, 1965, or at a subsequent referendum as provided in this
section. The town clerk shall prepare the question on the ballot to read:
"Shall the provisions of an act entitled 'An Act to establish the city of
Exeter' be adopted?" Beneath the question he shall have printed the A\ord
"yes" and the word "no" with a square immediately opposite each word,
and the voter shall vote his choice by making a cross in the appropriate
square. If a majority of those voting on this question vote "yes" on this
question, this act is declared adopted. If this act is not adopted at the
special election, the question of the adoption of this act may again be
voted on at any annual toAvn meeting in an odd numbered year folloAving
the passage of this act if at least three per cent of the number voting at
the last previous annual town meeting, all qualified voters of the tOAMi,
sign a petition requesting another vote. The petition must be submitted
to the selectmen at least fourteen days before the town meeting.
229:77 Effective Date. Section 76 pertaining to the referendum
under this act, and this section of the act, take effect upon passage of the
1965] Chapter 230 273
act. If the act is adopted at the special election or at another election at
which the question is voted on, section 74 pertaining to the first election
takes effect on the day after the election adopting the charter is held. The
other sections of the act take effect on the first weekday of January after
the election adopting the charter is held.
[Approved July 1, 1965.]
[Effective as specified.]
Note: This act is a Private Act.
CHAPTER 230.
AN ACT TO AUTHORIZE THE SWEEPSTAKES COMMISSION TO PAY UNCLAIMED
PRIZE MONEY TO THE STATE TREASURER.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
230:1 Unclaimed Sweepstakes Prizes. Amend RSA 284 by adding
after section 21-o, [21-p] as inserted by 1965, 63 a new section as follows:
284:21-p, [284:21-q] Unclaimed Prize Money. The sweepstakes commis-
sion shall hold unclaimed prize money on a winning ticket for two years
after the prize money is awarded. If there is no claim to the money during
the two years, or if the sweepstakes commission is unable to locate the
holder of a winning ticket during the two years, the sweepstakes commis-
sion shall pay the money to the state treasurer at the end of the t-^vo years.
The state treasurer shall deposit the money into the special fund set up
under 21-j of this chapter. A person who has a claim on the prize money
after the money has been paid to the treasurer shall make his claim to
the legislature for payment.
230:2 Effective Date. This act becomes effective sixty days after its
passage.
[Approved July 1, 1965.]
[Effective date August 30, 1965.]
CHAPTER 231.
AN ACT TO PERMIT INTERCHANGE OF GOVERNMENT EMPLOYEES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
231:1 New Chapter. Amend RSA by inserting after chapter 98-A as
inserted by 1963, 309: 1 the following new chapter:
274 Chapter 231 [1965
Chapter 98-B
Interchange of State Employees
98-B:l Declaration of Policy. The State of New Hampshire recog-
nizes that intergovernmental cooperation is an essential factor in resolving
problems affecting this state and that the interchange of personnel be-
tween and among governmental agencies at the same or different levels
of gOA'ernment is a significant factor in achieving such cooperation.
98-B:2 Definitions. For the purposes of this act:
I. "Sending agency" means any department or agency of the federal
government or a state or local government which sends any employee
thereof to another government agency under this chapter.
II. "Receiving agency" means any department or agency of the fed-
eral oovernment or a state or local Qrovernment which receives an em-
ployee of another government under this chapter.
98-B:3 Authority to Interchange Employees. Any department, agen-
cy, or instrumentality of the state is authorized to participate in a program
of interchange of employees with departments, agencies, or instrumental-
ities of the federal government, or another state, as a sending or receiving
agency. The period of individual assignment or detail under an inter-
change program shall not exceed twelve months, nor shall any person be
assigned or detailed for more than twelve months during any thirty-six
month period. Details relating to any matter covered in this act may be
the subject of an agreement between the sending and receiving agencies.
Elected officials shall not be assigned from a sending agency nor detailed
to a receiving agency.
98-B:4 Status of Employees of this State. I. Employees of a sending
agency participating in an exchange of personnel as authorized in section
3 may be considered during such participation to be on detail to regular
work assignments of the sending agency.
II. Employees who are on detail shall be entitled to the same salary
and benefits to which they would otherwise be entitled and shall remain
employees of the sending agency for all other purposes except that the
supervision of their duties during the period of detail may be governed
by agreement between the sending agency and the receiving agency.
III. Any employee who participates in an exchange inider the terms
of this section who suffers disability or death as a result of personal in-
jury arising out of and in the course of an exchange, or sustained in per-
formance of duties in connection therewith, shall be treated, for the pin-
poses of the sending agency's employee compensation program, as an
employee, as defined in such act, who has sustained such injury in the
performance of such duty, but shall not receive benefits imder that act
1965] Chapter 231 275
for any period for which he is entitled to and elects to receive similar
benefits under the receiving agency's employee compensation program.
98-B:5 Travel Expenses of Employees of This State. A sending
agency in this state may, in accordance with the travel regulations of such
agency, pay the travel expenses of employees assigned to a receiving agen-
cy on either a detail or leave basis, but shall not pay the travel expenses
of such employees incurred in connection with their work assignments at
the receiving agency. If the assignment or detail will be for a period of
time exceeding eight months, travel expenses may include expenses of
transportation of immediate family, household goods, and personal ef-
fects to and from the location of the receiving agency. If the period of
assignment is less than eight months, the sending agency may pay a per
diem allowance to the employee on assignment or detail.
98-B:6 Status of Employees of Other Governments. I. When any
unit of government of this state acts as a receiving agency, employees of
the sending agency ^vho are assigned under authority of this act may be
considered to be on detail to the receiving agency.
II. Appointments of persons so assigned may be made without re-
gard to the laws or regulations governing the selection of employees of
the receiving agency. Such person shall not be in the classified service of
the state.
III. Employees who are detailed to the receiving agency shall not
by virtue of such detail be considered to be employees thereof, except as
provided in paragraph IV of this section, nor shall they be paid a salary
or ^vage by the receiving agency during the period of their detail. The
supervision of the duties of such employees during the period of detail
may be governed by agreement betAveen the sending agency and the re-
ceiving agency.
IV. Any employee of a sending agency assigned in this state ^vho
suffers disability or death as a result of personal injury arising out of and
in the course of such assignment, or sustained in the performance of duties
in connection therewith, shall be treated for the purpose of receiving
agency's employee compensation program, as an employee, as defined in
such act, who has sustained such injury in the performance of such duty,
but shall not receive benefits under that act for any period for which he
elects to receive similar benefits as an employee under the sending agency's
employee compensation program.
98-B:7 Travel Expenses of Employees of Other Governments. A re-
ceiving agency in this state, may, in accordance ^vith the travel regulations
of such agency, pay travel expenses of persons assigned thereto under this
act during the period of such assignments on the same basis as if they
were regular employees of the receiving agency.
276 Chapter 232 [1965
98-B:8 Administration. The department of personnel is hereby di-
rected to explore means of implementing this act and to assist depart-
ments, agencies, and instrumentalities of the state and its political sub-
divisions in participating in employee interchange programs.
231:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 1, 1965.]
[Effective date August 30, 1965.]
CHAPTER 232.
AN ACT RAISING THE LIMIT OF GUARANTEED BONDS OF WATER RESOURCES
BOARD.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
232:1 Amount of Indebtedness. Amend RS A 481:19 by striking out
the ^vords "nine hundred thousand dollars" and substituting in their place
the Av^ords, two million dollars, so that the amended section reads as fol-
loAvs: 481:19 Bonds Guaranteed. The governor -^vith the advice and
consent of the council is hereby authorized in the name of the state to
guarantee in such manner as they may determine, the pa^Tnent of the
xvhole or any part of the principal and interest of any bonds to be issued
by the corporation hereunder, whether or not the same are secured by
a first, junior or other lien upon revenues from projects, provided that
the aggregate principal amount of bonded indebtedness which may be so
guaranteed shall not be in excess of two million dollars. The full faith
and credit of the state shall be pledged to the performance of such guar-
antee by the state. In the event that the corporation shall default in pay-
ment of interest or principal upon any of the bonds so guaranteed by
the state the governor with the advice and consent of the council may
dra^v his warrant upon the treasury out of any money not other-^vise ap-
propriated for the payment of such interest or principal to the extent of
such guarantee and the sums so paid shall be recoverable from the cor-
poration.
232:2 Effective Date. This act takes effect upon its passage.
[Approved July 1, 1965.]
[EflEective date July 1, 1965.]
1965] Chapter 233 277
CHAPTER 233.
AN ACT TO PROVIDE A LICENSING LAW FOR PRACTICAL NURSES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
233:1 Licensing Practical Nurses. Amend RSA 326:17 by striking
out the section and inserting in its place the following: 326:17 Purpose
and Definition. I. Purpose. In order to safeguard life and health, any
person practicing or offering to practice practical nursing in this state
for compensation shall hereafter be required to submit evidence that he
or she is qualified so to practice, and shall be licensed as hereinafter pro-
vided. After January 1, 1967 it shall be unlawful for any person not li-
censed under the provisions of this chapter to (a) practice or offer to prac-
tice practical nursing or (b) use any sign, card or device to indicate that
such person is a licensed practical nurse.
II. Definition. "Practical nursing" means the performance for com-
pensation of those services in observing and caring for the ill, injured or
infirm, in administering treatment or medication, or in applying counsel
and procedures to safeguard life and health as prescribed by, or under
the supervision of a physician, dentist, or registered professional nurse,
and which require specialized knowledge and skill as are taught and ac-
quired imder the curriculum of an accredited school for practical nurses,
but not requiring the substantial special skill, judgment and knowledge
required of registered professional nurses.
233:2 Board to Administer. Amend RSA 326:18 (supp), as amended
by 1957, 195:3, by striking out the section and inserting in its place the
following: 326:18 Administration. The board of nursing education and
nurse registration constituted under the provisions of RSA 326-A:3 shall
administer the provisions of this chapter. The board may issue licenses
to applicants to be kno^vn as licensed practical nurses and shall formulate
and promulgate rules and regulations from time to time as may be neces-
sary for the proper conduct of the care of the sick by a licensed practical
nurse. The board, subject to the supervision of the state board of educa-
tion, shall approve the establishment of schools for the training of prac-
tical nurses, shall prescribe the courses of instruction in connection there-
with, and shall provide for appropriate examination before a license to
practice as a licensed practical nurse may be issued.
233:3 Qualifications. Amend RSA 326:19 by striking out the section
and inserting in its place the following: 326:19 Qualifications of Appli-
cants. An applicant for a license to practice as a licensed practical nurse
shall submit to the board written evidence under oath that the applicant
(a) is eighteen years of age or over; (b) is of good moral character; (c) is
in good physical and mental health; (d) has completed one year of high
school or its equivalent and such other preliminary qualifications as the
278 Chapter 233 [1965
board may prescribe; (e) and holds a diploma from a school of practical
nursing approved by the board of nursing education and nurse registra-
tion, or has had equivalent education in theory and practice as determined
by the board, in a school of professional nursing approved by the board.
233:4 License; how granted. Amend RSA 326:20 by striking out the
section and inserting in its place the following: 326:20 License. L By
examination. An applicant for license shall be required to pass a written
examination in such subjects as the board may determine. Each written
examination may be supplemented by an oral or practical examination.
Upon successfully passing such examination the board shall issue to the
applicant a license to practice as a licensed practical nurse. IL By en-
dorsement. The board may issue a license to practice as a licensed prac-
tical nurse, by endorsement, to any applicant who has been duly licensed
as such, or to a person entitled to perform similar services under different
title, under the law of another state, territory, or foreign country if, in
the opinion of the board, the applicant meets the other requirements for
licensed practical nurses. IIL By Waiver. Application for license under
this provision must be made within sixty days after this chapter takes
effect. The board may issue a license to practice as a licensed practical
nurse to any person who shall submit to the board written evidence, veri-
fied by oath that said applicant: (a) is of good moral character; (b) has
practiced practical nursing in this state at least two years within the five-
year period immediately preceding the effective date of this chapter and
(c) has the endorsement of two physicians licensed in New Hampshire,
or two registered nurses, who have personal knowledge of the applicant's
qualifications, and by two persons who have employed the applicant;
and (d) has passed an examination to be administered by the board of
nursing, wholly or in part in writing.
233:5 License Fee. Amend RSA 326:21, as amended by 1955, 207:1,
by striking out the section and inserting in its place the following: 326:21
Fees. Each person applying for a license to practice as a licensed practical
nurse, or for examination and such license, shall pay to the commissioner
of education a fee of fifteen dollars. The commissioner shall pay all fees
so received and all fees from biennial permits to the treasurer, who shall
keep the same in a separate fund to be used only for the purpose of the
board of nursing education and nurse registration hereunder.
233:6 Present Practitioners. Amend RSA 326:22 by striking out the
section and inserting in its place the following: 326:22 Licensing for
Present Practitioners. Any person holding a license to practice as a prac-
tical nurse issued by the board and which is valid on the date this chapter
takes effect, shall hereinafter be deemed to be licensed as a practical nurse
under provisions of this chapter.
233:7 Limitations. Amend RSA 326:24 by striking out the section
and inserting in its place the following: 326:24 Title and Abbreviation.
1965] Chapter 234 279
(a) Any person who holds a license to practice as a licensed practical nurse
in this state shall have the right to use the title Licensed Practical Nurse
and the abbreviation L.P.N, (b) Persons licensed under previous law. No
other person shall assume such title or use such abbreviation or any other
words, letters, signs or devices to indicate that the person using the same
is a licensed practical nurse.
233:8 Exemption. Amend RSA 326 by inserting after section 26 as
amended by 1955, 207:1 a new section as follows: 326:26-a Persons Ex-
empted. This chapter does not prohibit: (a) the furnishing of practical
nursing assistance in an emergency; (b) the practice of nursing which is
incidental to their program of study by students enrolled in practical
nursing education programs accredited by the board; (c) the employment
in federal government institutions and agencies of practical nurses who
are members of federal agencies and are licensed; (d) nursing services by
anyone when done in accordance with the practice of the religious prin-
ciples or tenets of any well recognized church or denomination which
relies upon prayer or spiritual means alone for healing.
233:9 False Representation. Amend RSA 326:28, as amended by
1955, 207:1, by striking out the words "five hundred dollars" and inserting
in their place the words, two hundred dollars, so that the section is
amended to read as follows: 326:28 False Representation. Any person
who shall willfully make any false representation in applying for a li-
cense or biennial permit hereunder shall be fined not less than one hun-
dred nor more than two hundred dollars.
233:10 Repeal. Sections 326:23 and 326:27 are hereby repealed.
233:11 Effective Date. This act takes effect sixty days after its pas-
sage.
[Approved July 1, 1955.]
[Effective date August 30, 1965.]
CHAPTER 234.
AN ACT RELATIVE TO RECORDING OF ACTION WHEN SCHOOL DISTRICT TAKES
LAND BY EMINENT DOMAIN.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
234:1 School District. Amend RSA 199 by inserting after section 19
the following new section: 199:19-a. Record. Whenever a school district
shall take land for the location of a schoolhouse or for the enlarq-erhent
of an existing schoolhouse lot as provided by section 17 the school district
clerk shall forward to the registry of deeds for the county for filing where
said land is located a copy of the petition of the school board to the select-
280 Chapter 235 [1965
men containing a description of said land, together ^vith the name of the
o^vner from Avhom the land is taken.
234:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 1, 1965.]
[Effective date August 30, 1965.]
CHAPTER 235.
AN ACT PROVIDING FOR CONTROL OF AQUATIC NUISANCES IN ANY OF THE
SURFACE WATERS OF THE STATE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
235:1 Appropriation. The sum of sixty-four thousand dollars is here-
by appropriated for the following purpose: twenty-four thousand dollars
to be expended by the water pollution commission in the chemical con-
trol of aquatic nuisances in the surface waters of the state as defined in
RSA 149. The commission is authorized to utilize such methods of ap-
plication and to engage such personnel and equipment as, in its judg-
ment, will provide optimum control results in the waters to be treated.
The remaining forty thousand dollars of this appropriation shall be ex-
pended by the water pollution commission, but only if, in its judgment
technical and scientific considerations warrant, for the construction on
property owned by the state or a political subdivision thereof, and the
initial operation of a pilot plant for the investigation of means for con-
trolling, reducing or eliminating aquatic nuisances. The sum hereby
appropriated shall be a charge upon the general funds of the state and
the governor is authorized to draw his warrant for said sum out of any
money in the treasury not otherwise appropriated.
235:2 Reports. Monthly progress reports shall be made by the com-
mission to the legislative budget assistant in such form as he may require.
235:3 Agent to Receive Funds. The water pollution commission is
designated the agent to receive federal or other funds to be spent for the
purposes of this act. The general fund appropriation shall be reduced by
the amount of federal and other funds which are or become available for
the purposes of this act.
235:4 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 1, 1965.]
[Effective date August 30, 1965.]
1965] Chapter 236 281
CHAPTER 236.
AN ACT RELATIVE TO CAMPAIGN EXPENSES IN PRESIDENTIAL PREFERENCE
AND DELEGATE PRIMARIES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
236:1 Definitions. Amend paragraph I of RSA 70: 1 (supp) as inserted
by 1955, 273:1 by striking out the words "and presidential preference and
delegate primary" in lines two and three thereof so that the paragraph is
amended to read as follows: I. The word "election" shall mean any gen-
eral biennial or special election and political party primary.
236:2 Prohibited Political Expenditures. Amend paragraph I of RSA
70:4 (supp) as amended by 1955, 273:1 and 1957, 303:2-4 by striking out
the words "or presidential preference primary candidate" in subparagraph
(1) so that the paragraph is amended to read as follows: I. By a candi-
date or in his behalf in a primary, a sum in excess of the following
amounts:
(1) Governor, twenty-five thousand dollars.
(2) United States senator, twenty-five thousand dollars.
(3) Representative in congress, twelve thousand five hundred dollars.
(4) Delegate-at-large to party convention, five thousand dollars.
(5) District delegate to party convention, twenty-five hundred dollars.
(6) Alternate delegate-at-large to party convention, twelve hundred
fifty dollars.
(7) Alternate district delegate to party convention, six hundred twen-
ty-five dollars.
(8) Councilor, two thousand dollars.
(9) County officer or state senator, one thousand dollars.
(10) Representative to the general court, two hundred fifty dollars.
In determinino^ whether a candidate has exceeded the sum fixed in
this paragraph, no account shall be taken of the following items: The
candidate's contribution to the state committee, his filing fee, or his ex-
penditures for personal travel and subsistence expenses, or for services
of his regular employees in discharging duties of a public office. The sums
fixed in this paragraph shall include all expenditures, contracts therefor,
and use of contributions of money or things of value, tangible or intan-
gible, by a candidate or by others, including political committees, in his
behalf and with his knowledge during the period of time he or others in
his behalf and with his knowledge seeks votes for him to and including the
date of the primary.
236:3 Exceptions. Amend RSA 70 by inserting after section 1 (supp)
as inserted by 1955, 273:1 the following new section: 70:l-a Exceptions.
The provisions of this chapter shall not apply to presidential preference
and delegate primaries.
282 Chapter 237 [1965
236:4 Takes Effect. This act shall take effect sixty days after passage.
[Approved July 1, 1965.]
[Effective date August 30, 1965.]
CHAPTER 237.
AN ACT RELATR E TO A STUDY FOR PROJECTING STATE FISCAL REQUIRE-
MENTS BIENNIALLY THROUGH 1975.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
237:1 Committee Established. There shall be established a special
study committee to project state fiscal requirements through 1975 con-
sisting of eleven members appointed as hereinafter provided. Two senators
shall be appointed by the president of the senate, three representatives
shall be appointed by the speaker of the house of representatives, and six
members shall be appointed by the governor. The committee shall organ-
ize by electing one of its members as chairman. It shall be the duty of
said committee that a thorough and impartial study shall be made to pro-
ject and record state fiscal requirements biennially through the fiscal year
ending June 30, 1975, based on statutes as they exist at the close of the
regular session of the 1965 general court. Such study shall include all
areas of a fiscal nature involving the expenditure of state funds for each
of the components of the legislative, executive and judicial branches of
the state of New Hampshire, and said committee shall file a report of its
activities and conclusions with the general court of 1965, not later than
September 1, 1966. The members of said committee shall serve without
pay, but may be reimbursed for their necessary travel and other expenses
incurred when engaged in the official business of the committee. Said
committee shall have full power and authority to require from the several
departments, boards, commissions or any other state fimction, such in-
formation and assistance as may be available for the purposes of the com-
mittee and to employ and fix the compensation of such assistants, con-
sultants and specialists as it may deem necessary for the purposes hereof
and to receive gifts or grants to finance its work. In the performance of
its duties hereunder, the committee shall be authorized to require appear-
ances and testimony by subpoena and subpoena duces tecum as occasion
may require and to administer necessary oaths in connection therewith.
237:2 Appropriation. For the purpose of providing funds for the
use of the committee to project state fiscal requirements, the sum of five
thousand dollars is hereby appropriated. The appropriation made here-
under shall be a continuing appropriation and shall not lapse. The gov-
ernor is authorized to draw his warrant for the sum hereby appropriated
out of any money in the treasury not otherwise appropriated.
1965] Chapter 238 283
237:3 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 1, 1965.]
[Effective date August 30, 1965.]
CHAPTER 238.
AN ACT TO AUTHORIZE CERTAIN MEDICAL TESTS AS A CONDITION TO
HOLDING OF A MOTOR VEHICLE OPERATOR'S LICENSE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
238:1 Tests. Amend RSA 262-A as inserted by 1963, 330:1, by in-
serting after section 69 the following new subdivision:
Implied Consent
262-A:69-a Implied Consent of Driver of Motor Vehicle to Submit to
Chemical Testing to Determine Alcoholic Content of Blood. Any person
who operates a motor vehicle upon the public highways of this state shall
be deemed to have oiven consent to a chemical test or tests of his blood
or urine for the purpose of determining the alcoholic content of his blood,
if arrested for any offense arising out of acts alleged to have been com-
mitted while the person was driving or in actual physical control of a
motor vehicle while under the influence of intoxicating liquor. The test
or tests shall be administered at the direction of a law enforcement officer
having reasonable grounds to believe the person to have been driving or
in actual physical control of a motor vehicle upon the public highways
of this state while under the influence of intoxicating liquor. A copy of
the report of any such test shall be furnished by the law enforcement
agency to the person tested within forty-eight hours of receipt of the report
by the agency by registered mail directed to the address shown on such
person's license or other identification furnished by the person.
262-A:69-b Additional Tests. Any person to whom section 69-a is
applicable shall have the right at his own expense to have a similar test
or tests made by any person of his own choosing and shall be so informed
by the law enforcement officer at the same time as the person is requested
to permit a chemical test under the provisions of section 69-a. The failure
or inability of an arrested person to obtain an additional test shall not
preclude the admission of the test or tests taken at the direction of a law
enforcement officer. Nothing herein shall require the release from custody
of the arrested person for the purpose of having such additional test made.
262-A:69-c Prerequisites to Tests. Before any test specified in section
69-a is given, the law enforcement officer shall (1) inform the arrested
284 Chapter 238 [1965
person of his right to have a similar test or tests made by a person of his
o\m choosing, (2) afford him an opportunity to request such additional
test, and (3) inform him of the consequences of his refusal to permit a
test at the direction of the law enforcement officer. If the law enforce-
ment officer fails to comply with the provisions of this section, the test
shall be inadmissible as evidence in any proceeding before any adminis-
trative officer and court of this state.
262-A:69-d Incapacity to Give Consent. Any person who is dead,
unconscious or ^vho is otherwise in a condition rendering him incapable
of refusing shall be deemed not to have withdrawn the consent provided
by section 69-a above and the tests or tests may be administered.
The provisions of section 69-c shall not apply to persons incapable of
giving consent as provided for in this section.
262-A:69-e Refusal of Consent. If a person under arrest refuses upon
the request of a la^v enforcement officer to submit to a chemical test des-
ignated by the law enforcement officer as provided in section 69-a, none
shall be given, but the director of the division of motor vehicles, upon the
receipt of a sworn report of the law enforcement officer containing the
following: (I) that he had reasonable grounds to believe the arrested per-
son had been driving or was in actual physical control of a motor vehicle
upon the public highways of this state while under the influence of in-
toxicating liquor; (2) the facts upon which the reasonable grounds to
believe such are based; (3) that the person had been arrested; (4) that the
person had refused to submit to the test upon the request of the law en-
forcement officer; (5) that he informed the arrested person of his right to
have a similar test or tests conducted by a person of his own choosing,
and (6) that he informed the arrested person of the fact that refusal to
permit the test will result in revocation of his license, shall revoke his
license to drive or nonresident operating privilege for a period of ninety
days; or if the person is a resident without a license or permit to operate
a motor vehicle in this state, the director of the division of motor vehicles
shall deny to the person the issuance of a license for a period of ninety
days after the date of the alleged violation, subject to review as herein-
after provided.
262-A:69-f Administrative Review. Upon revoking the license or
nonresident operating privilege of any person, or upon determining that
the issuance of a license shall be denied to the person as directed in 69-e,
the director of the division of motor vehicles shall immediately notify the
person in writing and upon such person's request within thirty days after
such notification shall within ten days after receipt of the request afford
him an opportunity for a hearing before the director of the division of
motor vehicles or his authorized agent. The scope of such a hearing shall
cover the issues of whether a law enforcement officer had reasonable
grounds to believe the person had been driving or was in actual physical
1965] Chapter 238 285
control of a motor vehicle upon the public highways of this state while
under the influence of intoxicating liquor; whether the person was placed
under arrest; whether he refused to submit to the test upon the request
of the officer; whether the person ^vas informed that his privilege to drive
would be revoked or denied if he refused to submit to the test, and
whether the person ^vas informed of his right to have a chemical test or
tests made by a person of his own choosing. The director of the division
of motor vehicles shall order that the revocation or determination that
there should be a denial of issuance be rescinded or sustained. A copy
of such order shall be sent to the person affected thereby and shall con-
tain a statement informing the person of his right of appeal.
262-A:69-g Appeal. If the revocation or determination that there
should be a denial of issuance is sustained after such a hearing a person
whose license or nonresident operating privilege has been revoked or to
whom a license is denied under the provisions of this subdivision shall
have the right to file a petition in the superior court in the county where-
in he was arrested to review the final order of revocation or denial by
the director of the division of motor vehicles or his authorized agent.
Jurisdiction to hear such appeals is hereby vested in the superior court
and it shall be the duty of the court to grant a hearing as soon as prac-
ticable after notice to the director and the petitioner. The court shall
hear the appeal de novo and shall order that the revocation or denial be
rescinded or sustained.
262-A:69-h Nonresident. When it has been finally determined un-
der the procedures of this subdivision that a nonresident's privilege to
operate a motor vehicle in this state has been revoked, the director of the
division of motor vehicles shall give information in writing of the action
taken to the motor vehicle administrator of the state of the person's resi-
dence and of any state in which he has a license.
262-A:69-i Persons Qualified to Administer Test. Only a duly li-
censed physician or qualified medical laboratory technician acting at the
request of a la^v^ enforcement officer may withdraw blood for the purpose
of a chemical test required by 69-a. Such physician or qualified medical
laboratory technician shall not be liable for damages or otherwise to the
person from whom blood is withdrawn for any act performed in connec-
tion with such withdrawal provided the physician or qualified medical
laboratory technician acts with ordinary care. No chemical tests author-
ized by 69-a shall be considered as evidence in any proceeding before any
administrative officer or court unless such test is performed in accordance
with methods prescribed by the public health officer of this state. All tests
made under the direction of a laAv enforcement officer shall be conducted
in the laboratory of the bureau of food and chemistry department of
public health.
286 Chapter 239 [1965
262-A:69-j Effect of Evidence of Chemical Test. The provisions of
this subdi^ ision do not limit the introduction of any other competent
evidence bearing on the question of whether the person was under the in-
fluence of intoxicating liquor.
238:2 Effective Date. This act takes effect sixty days after its passage.
[Approved July 1, 1965.]
[Effective date August 30, 1965.]
CHAPTER 239.
AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF CERTAIN DEPART-
MENTS OF THE STATE FOR THE YEAR ENDING JUNE 30, 1966.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
239:1. Appropriations. The sums hereinafter mentioned are appro-
priated to be paid out of the treasury of the state for the purposes specified
for the departments herein named, for the fiscal year ending June 30,
1966, to wit: A continuing appropriation which shall not lapse, shall not
be transferred to any department, institution or account and which shall
be for the expenses of the legislature, including $244,000 for the office of
legislative budget assistant to the appropriations and finance committees,
$71,500 for the office of legislative services, and $21,500 for the office of
research analyst to the senate finance committee as follo^vs: (Salary of
legislative budget assistant $17,500, other expenditures $226, 500 J) (Leg-
islative services — Other expenditures $71,500:|:|) (Salary of research
analyst to senate finance committee $9,500, other expenditures $12,000:|:|::|:)
$730,038
Travel and expenses authorized by RSA 14-A:3 (Supp)* $12,500
Legislative council* 2,500
Council of state governments 3,600
Reimbursement for travel expenses incurred while attending the
national legislative leaders conference:
Lucien E. Bergeron 524
Estate of Samuel Green 528
Cecil Charles Humphreys 542
Nathan T. Battles 527
2,121
Reimbursement of travel expenses incurred while attending
meetings as duly appointed members of the uniform vehicle
laws study committee:
Russell G. Claflin 81
Scott Eastman 27
1965] Chapter 239 287
George M. McGee, Sr. 49
Malcolm J. Stevenson 55
George S. Wildey 97
309
Reimbursement for expenses incurred while attending hear-
ings of the governor's budget committee:
Louis I. Martel 61
William H. Craig 40
George A. Bruton 82
Edward H. York 47
Agenor Belcourt 142
Edna B. Weeks 79
Joseph M. Eaton 110
Oscar C. Prescott 98
Winifred Hartigan 134
Frank H. Sheridan 275
Reimbursement for expenses incurred while attending joint
hearings as members of the senate committee on public
works and transportation or the house committee on pub-
lic works:
Laurier Lamontagne 20
Douglass E. Hunter, Sr. 15
William F. Keefe 42
Maurice J. Downing 42
George W. Stafford 148
George M. McGee 56
William P. Gove 41
1,068
364
Total for legislative branch 752,500
:|:In this appropriation $5,000, or so much as necessary, may be ex-
pended by the legislative budget assistant for an audit of the state treasury.
The legislative budget assistant may designate a certified public account-
ant, not employed in state service, to make the annual audit of the state
treasury and said legislative budget assistant may accept the findings and
report of said certified public accountant as fulfilling the provisions of
paragraph II, section 31, chapter 14, RSA, whereby the said legislative
budget assistant is required to audit the accounts of the state treasurer.
This appropriation also includes $50,000, or so much as necessary, for
an interim study of data processing programs and an interim actuarial
study of all state retirement funds. Reports on said studies shall be com-
pleted prior to December 1, 1966. The legislative budget assistant shall.
288 Chapter 239 [1965
^vhen overtime or temporary assistance is necessary, obtain such assistance
and determine the compensation therefor.
++:|:This appropriation includes $5,000, or so much as necessary, for
legal or consultant services including but not limited to payment for serv-
ices authorized by the senate by motion adopted April 28, 1965, Senate
Journal page 645. Expenditures from this appropriation shall be subject
to prior approval of the senate finance committee.
*This appropriation shall not lapse at June 30, 1966.
For executive branch:
Office of governor:
Salary of governor 30,000
Other personal services:
Otherf 54,750
Total
84,750
Current expenses
8,000
Travel:
In state
2,500+
Out of state
2,000
Equipment
1,000
Other expenditures:
Contingent fund
15,000
Special citations to state
employees
300
Governor's special fund*
10,000
Trainee programff
11,000
New England governors'
council
8,000
Total 142,550
fSalaries paid out of this appropriation shall be at levels set by the
governor.
:|:Expense of operating and maintenance of the governor's state car
shall be charged to this appropriation.
*The funds appropriated under this item are to be spent by the gov-
ernor in his own and sole discretion for state purposes, including but not
limited to participation in the activities of the United States Governors
Conference, the New England Conference of Governors, and the council
of state governments, for which monies are not otherwise appropriated.
ffThe funds in this appropriation shall not be transferred or ex-
pended for any other purpose.
Office of economic opportunity:
Personal services:
Temporary 46,380
165]
Consultants
Chapter
239
2,105
Total
Current expenses
Travel:
In state
Equipment
48,485
6,770
2,875
2,641
289
60,771
Less current authorization 11,800
Total 48,971
Less federal grant 43,745
Net appropriation 5,226*
*State matching appropriations available for expenditure only if
funds are available from a federal grant. If the federal grant is reduced,
expenditure of state matching appropriation shall be reduced proportion-
ately.
Emergency fund 50,000
Operating budget contingent fund 50,000f'f-
-f-fTransfers from this fund are subject to prior approval by the gov-
ernor and council and may be made to all state agency appropriations,
excluding only the governor and council. The director of accounts shall
keep a record of transfers approved for other than general fund agencies,
and shall report such special fund transfers to the legislature for appro-
priate adjustment between funds.
Executive council:
Personal services:
Other — per diem 19,750
Secretary to executive council 3,250
Total 23,000
Current expenses 2,000
Travel:
In state 4,500
Out of state 500
Total for executive council 30,000
Total for executive branch 277,776
:|::]:This appropriation includes $10,000, or so much as necessary, for
an interim study of the settlement laws.
290 Chapter 239 [1965
For judicial branch:
For supreme court:
Salaries of justices $113,905
Salary of clerk-reporter 15,000
Other personal services:
Permanent 16,716
Other 1,500
Total $147,121
Current expenses 4,200
Travel:
In state 1,900
Out of state 2,175
Equipment 300
Other expenditures:
N. H. supreme court reports 6,000];
Total $161,696
Less estimated revenue 650
Net appropriation $161,046
;|:The funds in this appropriation shall not lapse but shall be avail-
able for expenditure in the following year.
For superior court:
Salaries of judges $162,545
Other personal services:
Permanent* 59,041
Other 200
Total 221,786
Current expenses 8,500
Travel:
In state 15,000
Out of state 1,000
Total $246,286
Less reimbursements 50,000*
Net appropriation $196,286
*In this appropriation the sum of $50,000 is for court stenographers
which may be increased with approval of the governor and council pro-
vided that the counties are billed for total expenditures.
For judicial council 8,850f
1965]
Chapter 239
291
j-The funds in this appropriation shall not lapse but shall be avail-
able for expenditure in the following year. In this appropriation $5,400
shall be for the salary of the secretary.
For probate court:
Salaries of judges, registers and deputies 108,748
For administrative committees:
For district and municipal courts 5,950
For probate courts 500
Total for judicial branch
For adjutant general's department:
Central administrative office:
Salary of adjutant general
Other personal services:
Permanent
Other
Total
Current expenses
Equipment
Other expenditures:
State flags
Total
National guard:
Personal services:
Other
Current expenses
Travel:
In state
Out of state
Other expenditures:
Social security
Total
*This appropriation for personal services
ferred or expended for any other purpose.
Armories:
Personal services:
Permanent
Other
6,450
$481,380
$13,500
59,596
600
$73,696
7,170
455
360
$81,681
$12,000*
2,275
100
900
300
$15,575
other shall not be trans-
$111,484
1,300
Total
$112,784
292 Chapter 239 [1965
Current expenses 90,000
Equipment 2,/ 00
Other expenditures:
Conversion of Manchester armory heating-
system to oil 18,000
Total
Officers' uniform alloAvance:
Current expenses
State military reservation — Concord:
Personal services:
Permanent
Current expenses
Travel:
In state
Equipment
Total 68,505
State military reservation — Grenier air force base,
Manchester:
Personal services:
Permanent $13,652
Current expenses 35,500
Travel:
Out of state 600
223,484
8,000
$35,405
32,500
200
400
Total 49,752
Drill expense:
Travel:
In state $200
Out of state 200
Total 400
New Hampshire military academy 5,000
Total for adjutant general's department $452,397
Less estimated revenue 67,258
Net Appropriation $385,139
For administration and control:
Division of budget and control:
Salary of comptroller 17,620
Salary of business supervisor 13,560
1965]
Chapter 239
293
Salary of assistant business supervisor 12,120
Salary of assistant business supervisor (agriculture) 1 0,200
Other personal services:
Permanent 7,229
Other 2,600
Total
63,389
Current expenses
2,984
Travel:
In state
750
Out of state
510
Equipment
325
Other expenditures:
Atlantic marine fisheries
700
Firemen's relief
4,000
League of N. H. Arts and crafts
io,ooot
New England board of higher education:
Expenses
5,550
Grants
50,000tt
Complete installation of accoustical tile and
related ^vork in state house annex*
15,000
Reset and point steps and walls — state
house and annex*
30,000
Oasi contributions:
State employees
490,000
Teachers
470,000
Total
1,143,208
fAt the close of each year an operating statement shall be submitted
to the governor and council.
■j-j-Other provisions of law notwithstanding, the balance at June 30,
1965 shall lapse on July 1, 1965 to unappropriated surplus of the general
fluid.
*Expenditures for these purposes not to exceed the legislative appro-
priation. These appropriations shall not be transferred or expended for
any other purpose.
Division of accounts:
Salary of director
Other personal services:
Permanent
Other
$13,064
88,257
1,400
Total
$102,721
294 Chapter 239 [1965
Current expenses 24,410
Travel:
In state 150
Out of state 150
Equipment 380
Total 127,811
Division of investigation of accounts:
Personal services:
Permanent $33,994
Current expenses 275
Travel:
In state 3,865
Out of state 50
Total 38,184
Division of purchase and property:
Salary of director $13,593
Other personal services:
Permanent 74,906
Other 2,475
Total $90,974
Current expenses 4,200
Travel:
In state 750
Out of state 460
Equipment 1J80
Total 97,564
Division of buildings and grounds:
Personal services:
Permanent $174,277
Other 3 J 20
Total $177,397
Current expenses 74,000
Equipment 3^015
Total 254,412
Mailing division:
Personal services:
Permanent $14,981
Current expenses 882
1965]
Chapter 239
295
Equipment
Total
Telephone switchboard division:
Personal services:
Permanent
Other
Total
Current expenses
Total
Records management and archives:
Salary of director
Personal services:
Permanent
Other
Total
Current expenses
Travel:
In state
Out of state
Total
State historical commission:
Personal services:
Other
Current expenses
Travel:
In state
Out of state
Total
1,975
$9,220
1,800
> 11,020
20,000
$7,694
9,396
500
$17,590
3,513
75
150
$500
1,700+
1,000
100
17,838
31,020
21,328
3,300
Xln this appropriation $1,200 shall be for printing and binding and
shall not lapse until June 30, 1967.
Memorial unit:
Personal services:
Permanent
Other
Total
Current expenses
$22,113
200
$22,313
20,570
296
Chapter 239
[1965
Equipment
Total
N. H. distributing agency:
Surplus foods division:
Salary of director
Other personal services:
Permanent
Other
Total
Current expenses
Travel:
In state
Out of state
Equipment
Other expenditures:
Oasi and retirement
Blue cross and insurance
Total
Less estimated revenue and balancef
965
$10,500
32,465
4,000
$46,965
17,125
2,075
250
17,300
2,901
375
$86,991
86,991
43,848
Net appropriation
Surplus property division:
Salary of deputy director
Other personal services:
Permanent
Other
$8,432
11,320
900
Total
$20,652
Current expenses
17,125
Travel:
In state
600
Out of state
625
Equipment
1,500
Other expenditures:
Oasi and retirement
1,258
Blue cross and insurance
141
Total
$41,901
Less estimated revenue and
balancef
41,901
Net appropriation
1965]
Chapter 239 297
f Authority is hereby given to utilize so much as may be necessary of
the balance accumulated at June 30, 1965, or any surplus accumulating
during the fiscal year 1966 within this subdivision, with approval of the
governor and council, to efficiently operate this division without the use
of any other state funds.
Total for administration and control
$1,778,513
)r agriculture:
Office of commissioner:
Salary of commissioner
$12,773
Other personal services:
Permanent
45,261
Total
$58,034
Current expenses
9,025
Travel:
In state
3,600
Out of state
1,000
Equipment
4,055
Other expenditures:
Feed, seed and fertilizer analytical services
26,595
Total
$102,309
Division of markets and standards:
Bureau of markets:
Personal services:
Permanent
$54,540
Current expenses
14,000
Travel:
In state
2,500
Out of state
350
Equipment
4,580
Other expenditures:
Cooperative grant to New England crop
reporting service
800
Rodent control work in cooperation with
federal government
150
Federal supervision in connection ^vith
farm produce inspection
50
Total 76,970
Bureau of weights and measures:
Personal services:
Permanent 41,560
298 Chapter 239 [1965
Current expenses
3,000
Travel:
In state
4,400
Out of state
175
Equipment
4,800
Other expenditures:
Heavy duty truck and related equipment*
11,050
Total
64,985
Less estimated revenue
15,000
Net appropriation 49,985
*This appropriation shall not be transferred or expended for any
other purpose.
Division of animal industry:
Salary of state veterinarian 9,933
Other personal services:
Permanent
62,178
Other
600
Total
72,711
Current expenses
12,315
Travel:
In state
8,000
Out of state
550
Equipment
2,500
Other expenditures:
Veterinary services •
— other than
testing
150
Tubercular testing
31,000
Brucellosis, vibrosis
and leptospirosis testing
30,000
Testing for mastitis control
500
Indemnities for condemned animals
1,000
Diagnostic services f
or domestic animals
12,000
Total
170,726
Less estimated revenue
35,000
Net appropriation 135,726
Division of insect and plant disease
suppression and control:
Salary of state entomologist $3,542
Other personal services:
Permanent 19,096
1965]
Chapter 239
299
Other
Total
Current expenses
Travel:
In state
Out of state
Equipment
Total
6,030
$28,668
1,200
5,000
300
225
35,393
Division of milk control:
Personal services:
Permanent
$17,086
Other
500
Total
$17,586
Current expenses
1,450
Travel:
In state
2,000
Out of state
400
Other expenditures:
Public hearings
250
Total
$21,686
Less estimated revenue
21,000
Net appropriation
686
Veterinary examiners
700
Licensing of live poultry dealers
140
Soil conservation districts (ten)
2,500
Grants:
State soil conservation committee
$300
Eastern states exhibit
2,000
Total
2,300
Agricultural marketing and research program:
Federal funds:
Personal services:
Other
$1,000
'
Current expenses
1,200
Travel:
In state
1,200
Equipment
250
300 Chapter 239 [1965
Other expenditures:
Research and promotion 2,790
Total* $6,440
Less estimated revenue* 6,440
Net appropriation
*This amount available for expenditure only to the extent that funds
are available as a federal grant. If the federal grant exceeds the above esti-
mate, such excess may be expended for said purposes with the approval of
the governor and council.
Total for department of agriculture $406,709]:
;|;Notwithstanding any other provision of la^v the balances in the fol-
lo^ving funds at July 1, 1965 shall lapse to unappropriated surplus of the
general fund: Sale of animals and birds; economic poisons law; vesicular
exanthema; tests for germination and purity of agricultural seeds; and,
licensing live poultry dealers.
For attorney general's department:
Office of the attorney general:
Salary of attorney general $17,500
Salary of deputy attorney general 13,881
Salaries of four assistant attorneys general 49,340
Other personal services:
Permanent 75,383
Other 1,600
Total
$157,704
Current expenses
5,700
Travel:
In state
1,900
Out of state
1,800
Equipment
2,510
Other expenditures:
Subversive investigation*
3,000
Commission on uniform laws
1,000
Legal services re department of public
works and highways
5,000
Reports and opinionsf
2,500
Total
$181,114
Less estimated revenue
33,485
Net appropriation $147,629
1965] Chapter 239 301
*No part of this appropriation shall be spent without prior approval
of the governor, and no part of this appropriation shall be transferred or
expended for any other purpose.
•fThe attorney general shall submit at least monthly to the legislative
budget assistant copies of all opinions given by his office. This appropria-
tion shall cover the expense of printing certain reports and also the ex-
pense for a part time trainee in the office not exceeding five hundred
dollars. No part of this appropriation shall be transferred or expended for
any other purpose than herein set forth; this appropriation shall not lapse
but shall be available for expenditure in the ensuing year.
Legal assistance for land acquisition:
Salaries of two assistant attorneys general 18,786
Other personal services:
Permanent 9,502
Total
28,288
Current expenses
325
Travel:
In state
1,500
Equipment
1,500
Total
31,613
Less transfer from highway
fund
31,613
Net appropriation
Division of charitable trusts:
Salary of director 6,240
Other personal services:
Permanent 7,093
Other 400
Total 13,733
Current expenses 1,350
Travel:
In state 150
Out of state 100
Equipment 1,020
Total 16,353
ffice of coordinator of federal funds: :|:
Salary of coordinator** 12,500
302 Chapter 239 [1965
Personal services:
Permanent 3,717
Total 16,217
Cinrent expenses 400
Travel:
In state 100
Out of state 2,500
Equipment 425
Total 19,642
;j:There is established by this appropriation the position of coordinator
of federal fimds, who shall be appointed by the governor and council as
an unclassified employee and who shall be qualified by education and ex-
perience and he shall hold office at the pleasure of the governor and coun-
cil. Subject to the direction and supervision of the attorney general he
shall (1) inform and advise the heads of all state departments, divisions,
agencies and commissions and the legislative budget assistant concerning
federal programs from which the state may be eligible to receive federal
funds and concerning the requirements which must be met in order to
participate therein, (2) review all requests and agreements originating
in any state department, division, agency and commission relating to par-
ticipation in any federal program from which federal funds may be re-
ceived, (3) receive accounts from all state departments, divisions, agencies
and commissions setting forth the amounts of funds received each quarter
from the federal government and the disposition and use of all such fimds
(4) assist, upon request of the head of any department, division, agency
and commission, in the preparation of requests and applications for fed-
eral funds, (5) make reports as requested by the governor concerning the
receipt and use of federal funds and the availability of such funds for pro-
grams of all types, (6) receive and review all federal audits of accounts of
federal funds administered by state agencies, copies of such reports shall
be furnished to the legislative budget assistant, (7) perform such other re-
lated duties as the governor and council shall require of him.
**The salary range for coordinator is established at $12,500 to $15,-
000. The salary may be increased by governor and council to any step
within the range, if additional funds are required for this position they
shall be a charge upon the salary adjustment fund.
Total for attorney general $183,624
Note: The appropriation made by Laws of 1963, chapter 198, for law
enforcement manual shall be available for expenditure during the period
from July 1, 1965 to June 30, 1967.
1965]
Chapter 239 303
For department of health and welfare:
Office of commissioner of health and welfare:
Salary of commissioner 17,680
Salary of business supervisor —
health and welfaref 13,200
Other personal services:
Permanent 176,784
Other 3,000
Total 210,664
Current expenses 47,459
Travel:
In state 1,900
Out of state 1,400
Equipment 5,612
Other expenditures:
Oasi and retirement 12,579
Total for office of commissioner 279,614
fOther provisions of la^v notwithstanding the employee holding the
classified position of supervisor of business management III on June 30,
1965 shall assume the new unclassified position of business supervisor —
health and welfare as of July 1, 1965.
Division of public health services:
Health:
Administration:
Salary of director of public health services $15,240
Other personal services:
Permanent 49,453
Other 2,258
Total
$66,951
Current expenses
15,000
Travel:
In state
1,150
Out of state
4,925
Other expenditures:
Oasi and retirement
6,385
Blue cross and insurance
419
Total $94,830
Less credit transfers 7,660
304 Chapter 239 [1965
Less estimated federal funds 31,789
Net appropriation $55,381
Business manaoement:
Personal services:
Permanent $24,922
Other 300
Total
$25,222
Current expenses
3,200
Travel:
In state
800
Equipment
2,050
Other expenditures:
Radiological health
15,902
Merit system participation
2,800
Apha examinations
2,000
Total
$51,974
Less estimated federal funds
37,599
Net appropriation 14,375
Special health services:
Personal services:
Permanent $4,422
Other 16,000
Total $20,422
Current expenses 17,000
Travel:
In state 400
Out of state 100
Other expenditures:
Chronic illness 60,000
Total $97,922
Less estimated federal funds 78,500
Net appropriation 19,422
Hospital services:
Personal services:
Permanent $40,807
Other 1,250
Total $42,057
1965]
Chapter 239 ^"^0:5
700
Current expenses
Travel:
In state 2,500
Other expenditures:
Hospital administration 17,000
Total $62,257
Less estimated federal funds 17,000
Net appropriation 45,257
Vital statistics:*
Personal services:
Permanent
Other
$46,566
500
Total
Current expenses
Equipment
$47,066
7,200
90
Total
Less estimated federal funds
$54,356
7,569
Net appropriation 46,787
*Other provisions of law notwithstanding, any balance in vital sta-
tistics account at June 30, 1965 shall lapse to unappropriated surplus of
the general fund on July 1, 1965.
Public health nursing:
Personal services:
Permanent $132,827
Other 1,000
Total
$133,827
Current expenses
5,800
Travel:
In state
14,550
Out of state
450
Equipment
600
Total
$155,227
Less estimated federal funds
53,845
Net appropriation 101,382
306 Chapter 239 [1965
Communicable disease control:
Personal services:
Permanent $56,178
Other 4,500
Total
$60,678
Current expenses
33,300
Travel:
In state
3,000
Equipment
800
Total
$97,778
Less estimated federal funds
17,154
Net appropriation 80,624
Dental public health:
Personal services:
Permanent
$38,465
Other
16,000
Total
$54,465
Current expenses
1,300
Travel:
In state
2,000
Equipment
1,376
Total
$59,141
Less estimated federal funds
18,694
Net appropriation 40,447
Maternal child health and crippled children's services:
Personal services:
Permanent $55,547
Other 29,000
Total $84,547
Current expenses 111 ,900
Travel:
Instate 1,750
Out of state 450
Other expenditures:
Direct assistance for children 64,790
Cystic fibrosis 10,000
1965]
Chapter 239
307
Rehabilitation — Subsistence*
Hanover poison center
Total
Less estimated federal funds
100,000
3,700
$377,137
237,969
Net appropriation 139,168
*The division of investigation of accounts shall investigate the pay-
ment ability of liable persons as provided by RSA 8:40. Expenditure of
this appropriation contingent upon 50-50 matching by federal funds.
Occupational health:
Personal services:
Permanent
$62,731
Current expenses
3,230
Travel:
In state
3,600
Equipment
885
Other expenditures:
Radiation control — other personal services,
current expenses, travel and equipment
10,806
Total
$81,252
Less estimated federal funds
17,483
Less radiation fees
10,500
Net appropriation
Food and chemistry:
Personal services:
Permanent
Other
Total
Current expenses
Travel:
In state
Out of state
Total
Sanitary engineering:
Personal services:
Permanent
Other
$103,342
1,750
$105,092
3,900
11,000
200
53,269
120,192
$74,170
5,880
Total
$80,050
308 Chapter 239 [1965
Current expenses
Travel:
In state
Equipment
4,900
6,000
440
Total
Laboratory services:
Personal services:
Permanent
Other
$86,469
7,628
Total
Current expenses
Equipment
$94,097
24,475
2,253
Total*
Less estimated federal funds
$120,825
15,500
91,390
Net appropriation 105,325
*Within this appropriation $12,200 each year is for the P.K.U. pro-
gram and shall not be transferred or used for any other purpose.
Alcoholism:
Personal services:
Permanent $76,541
Other 7,750
Total $84,291
Current expenses 7,750
Travel:
In state 3,200
Total 95,241
Total for division of health 1 ,008,260
Sanatorium:
Administration :
Salary of superintendent $13,620
Other personal services:
Permanent 18,224
Total $31,844
Current expenses 2,300
Travel:
In state 650
1965
Chapter 239
Out of state
785
Equipment
450
309
Total $36,029
Professional care and treatment:
Personal services:
Permanent $152,840
Other 4,000
Total $156,840
Current expenses 15,700
Equipment 1,972
Total 174,512
Custodial care:*
Personal services:
Permanent 81,907;|:
Other 1,800
Total 83,707
Current expenses 33,097
Equipment 1,615
Total 118,419
:|:The position of housekeeper is abolished as of July 1, 1965.
*In this appropriation $7,290 shall be for products used from the in-
stitution's farm. No part of this amount shall be transferred to any other
appropriation or expended for any other purpose. The institution's farm
shall receive credit for all products used even though in excess of $7,290.
Operation of plant:
Personal services:
Permanent
$63,375
Other
400
Total
$63,775
Current expenses
24,445
Equipment
200
Other expenditures:
Cutting wood and lu
mber for
institutional usef
1,300
Rental of farm equ
ipmentf
500
Total 90,220
310
Chapter 239
[1965
fThese appropriations shall be for services, supplies and equipment
from the institution's farm for this purpose. The farm shall receive credit
for all services, supplies and equipment used even though in excess of
$1,800.
Maintenance of Plant:
Personal services:
Permanent
$300
Current expenses
10,050
Equipment
400
Other expenditures:
Waterproof walls and
install
4
ft. course of ceramic tile
in
dish-washing area —
infirmary
1,000
Hot top parking areas
1,000
Total
Agriculture:
Personal services:
Permanent
$12,765
Other
1,135
Total
$13,900
Current expenses
5,510
-Equipment
2,075
Total
Less credit transfers
Less estimated revenue
Net appropriation
Total for sanatorium
Less refunds (maintenance)
Net appropriation
Water pollution:
State funds:
Personal services:
Permanent
Other
Total
Current expenses
Travel:
In state
$21,485
9,090
9,040
$123,891
3,000
$126,891
7,250
13,100
12,750
3,355
$435,285
7,500
427,785
1965]
Chapter 239
311
Out of state
1,100
Total
Federal funds:
Personal services:
Permanent
$24,815
Other
3,850
Total
$28,665
Current expenses
2,849
Travel:
In state
3,300
Out of state
825
Equipment
1,646
Other expenditures:
Oasi and retirement
1,620
Blue cross and insurance
130
Total
$39,035
Less estimated revenue
39,035
$148,341
Net appropriation
New England interstate water pollution commission:
Personal services:
Other $500
Current expenses 1,150
Travel:
Out of state 800
Total
State aid to mimicipalities
Total for water pollution
Total for division of public health services
2,450
563,500
714,291
$2,150,336
Division of welfare:
Administration:
Salary of director
13,184
Other personal services:
Permanent
158,384
Other
7,000
Total
178,568
Current expenses
21,078
312 Chapter 239 [1965
Chapter 239
Travel:
In state
4,860
Out of state
1,228
Equipment
969
Other expenditures:
Blue cross and insurance
7,458
Merit system
4,500
Educational leavef
10,000
Employees retirement
51,092
Social security
35,707
Physical examinations for
applicants
1,000
Total 316,460
fNot to be transferred or used for any other purpose. The total grant
to any one person shall not exceed $5,000 which shall include tuition and
stipend.
Field services:
Personal services:
Permanent 717,146
Other 5,075
Total 722,221
Current expenses 70,000
Travel:
In state 37,636
Out of state 500
Equipment 14,671
Total
ind services:
Personal services:
Permanent
$32,844
Current expenses
978
Travel:
In state
2,800
Out of state
375
Other expenditures:
Education of blind
65,000
Sight conservation
29,000
845,028
Total 130,997
Note: The position of sight conservation consultant, position num-
ber 06, shall be abolished as of November 2, 1965. All funds appropriated
directly or indirectly for the sight conservation program anywhere in the
1965] Chapter 239 313
appropriation for the Division of welfare are hereby transferred to the
department of public health nursing in the Division of public health serv-
ices and are hereby appropriated to that department to be used by it for
the purpose of said program.
Child welfare services:
Personal services:
Permanent $258,623
Other 3,200
Total
$261,823
Current expenses
50
Travel:
In state
30,670
Out of state
1,000
Other expenditures:
Conferences and institutes
1,500
Foster care
4,370
Specialized services
1,000
Educational leave*
10,000
Totalf
$310,413
Less estimated federal fundsf
158,612
Net appropriation 151,801
*Not to be transferred or used for any other purpose.
■fli the federal grant is less than the estimate shown herein, the total
appropriation shall be reduced in like proportion.
Vocational rehabilitation:
Personal services:
Permanent
$28,700
Current expenses
Travel:
250
In state
2,550
Out of state
535
Equipment
Other expenditures:
Case services
475
22,000
Business enterprises*
In service training
10,000
1,700
Totalf
Less estimated federal fundsf
$66,210
40,012
Net appropriation 26,198
314 Chapter 239 [1965
*These funds shall not be transferred or used for any other purpose,
fif the federal grant is less than the estimate shoAvn herein, the total
appropriation shall be reduced in like proportion.
Special children's fund* 8,000
*No part of this appropriation shall be transferred or expended for
any other purpose.
John Nesmith fund 3,700
Foster day care:
Personal services:
Permanent 9,753
Current expenses 880
Travel:
In state 360
Equipment 1,956
Other expenditures:
Retirement 415
Oasi 37
Total
Less estimated federal funds
13,401
13,401
Net appropriation
Old age assistance:
State's share
Less estimated revenue
$1,284,282
91,000
Net appropriation
ToAvns and comities
Less estimated revenue
$1,193,282
$1,297,421
1,297,421
Net appropriation
Federal
Less estimated revenue
$2,607,982
2,607,982
Net appropriation
Old age assistance to aliens:
Towns and counties
Less estimated revenue
$249,868
249,868
Net appropriation
Federal
Less estimated revenue
$249,430
249,430
Net appropriation
65] Chapter 239
Aid to dependent children:
State's share
$1,304,976
Less estimated revenue
80,000
Net appropriation
Federal share
$1,150,765
Less estimated revenue
1,150,765
Net appropriation
Aid to needy blind:
State's share
$216,934
Less estimated revenue
2,200
315
Net appropriation
Federal
Less estimated revenue
$156,460
156,460
Net appropriation
Aid to permanently and totally disabled:
State's share
Towns and counties^ $318,009
Less estimated revenue 318,009
Net appropriation
Federal $368,260
Less estimated revenue 368,260
Net appropriation
Medical aid to aged:
State's share $811,230
Federal 995,921
Total $1,807,151
Less estimated revenue 995,921
Net appropriation
1,224,976
214,734
222,330
811,230
Total for division of welfare $5, 148,736
Less town and county share of oasi
administration 9,500
Less transfer re administraton from
federal grants 711,923
Less excess income from Nesmith fund 2,300
Net appropriation
4,425,013
316 Chapter 239 [1965
Notes: Other provisions of law notwithstanding, any balance remain-
ing in state accounts at the close of the fiscal year shall lapse to unappro-
priated surplus of the general fund.
Nursing homes and hospitals providing nursing care shall be eligible
for payment by the Division of welfare for nursing care.
If revenue and balance exceed estimates in the federal, to^vn and
county accounts of the welfare division, such excess may be expended with
the appro^■al of the governor and council, provided however that any fed-
eral administration funds in these accounts must first be transferred to
the estimated revenue account for that purpose. The director of the divi-
sion of ^velfare shall monthly certify to the comptroller the amount of
said administration funds so earned and the comptroller shall then effect
the transfer.
JFor the fiscal year ending June 30, 1966 the share which a county
or toAvn must reimburse the state for aid to totally and permanently dis-
abled persons for ^vhich such county or town is liable shall be thirty-five
percent. Provisions of the law inconsistent with the provision hereof are
hereby suspended until June 30, 1966.
Division of mental health:
Office of director:
Salary of director $17,000
Other personal services:
Permanent 16,250
Total
$33,250
Current expenses
4,500
Travel:
In state
1,750
Out of state
1,250
Equipment
1,750*
Other expenditures:
Grants to community mental
health services
150,000*
Total ■ $192,500
*Not to be transferred or expended for any other purpose.
Laconia state school:
Administration:
Salary of superintendent $15,060
Salary of deputy superintendent 13,560
Other personal services:
Permanent 79,545
Total $108,165
1965] Chapter 239 317
Current expenses 3,500
Travel:
In state 750
Out of state 500
Equipment 1,800
114,715
Total
Professional care and treatment:
Personal services:
Permanent
$1,100,654
Other
16,000
Total
$1,116,654
Current expenses
23,000
Travel:
In state
50
Equipment
2,174
Total 1,141,878
Custodial care:
Personal services:
Permanent $255,934J
Other 2,000
Total 257,934
Current expenses 58,600
Purchases from institution's farmf 90,000
Purchases of food* 1 1 7,399
265,999
Travel:
In state 100
Equipment 4,235
Total 528,268
:i:The permanent position of Cook I — Position No. 0012 shall be
abolished ^vhen the employment of the present employee is terminated,
■fin this appropriation $90,000 shall be for products used from the institu-
tion's farm. No part of this amount shall be transferred to any other ap-
propriation or expended for any other purpose. The institution's farm
shall receive credit for all products used even though in excess of $90,000.
*Shall not be transferred or used for any other purpose.
Operation of plant:
Personal services:
Permanent $64,069
318 Chapter 239 [1965
Current expenses 85,000
Equipment 4,600
Other expenditures;]: 2,000
Total 155,669
:{:This appropriation of $2,000 shall be for lumber used from the in-
stitution's farm. No part of this amount shall be transferred to any other
appropriation or expended for any other purpose. The institution's farm
shall receive credit for all lumber used even though in excess of $2,000.
Maintenance of Plant:
Personal services:
Permanent
$48,132
Current expenses
17,000
Equipment
1,220
Other expenditures:
Care of grounds*
12,000
Special maintenance
projects
10,700
Long term repair
projects
30,000
Total 119,052
*The institution's farm shall receive credit for all suppHes, ^vork and
services rendered even though in excess of $12,000. No part of this appro-
priation shall be transferred or used for any other purpose.
Agriculture:
Personal services:
Permanent $72,455
Other 1,550
Total
$74,005
Current expenses
46,000
Travel:
In state
25
Equipment
4,900
Total
$124,930
Less credit transfers
104,000
Less estimated
revenue
5,000
Net appropriation 15,930
Training and education:
Personal services:
Permanent $240,028
1965]
Chapter 239
319
$247,028
8,850
Other 7,000
Total
Current expenses
Travel:
In state 1,000
Equipment 6,000*
Total
*Shall not lapse until June 30, 1967
Total for Laconia state school
Less refunds (maintenance)
Net appropriation
New Hampshire hospital:
Administration:
Salary of superintendent $14,307
Salary of assistant superintendent 12,220
Other personal services:
Permanent 125,344
Other 1,000
262,878
$2,338,390
11,800
Total
$152,871
Current expenses
68,236
Travel:
In state
260
Out of state
400
Total
Professional care and treatment:
Senior psychiatrist (13)
Other personal services:
Permanent
Other
Total
Current expenses
Travel:
In state
Out of state
Equipment
2,326,590
221,767
157,243
3,242,299
116,195+
3,515,737
155,769t
4,000
500
12,400*
Total
3,688,406
320 Chapter 239 [1965
+This appropriation includes salaries for two temporary psych, social
workers Avho sliall be assigned to the geriatrics program, and $5,000 for
psychology interns which shall not be used for any other purpose. Stu-
dents accepted as medical interns shall have completed a minimum of two
years of medical school. This appropriation also included $708 for retro-
active salary payment for Dr. George Brown.
-j-No charge against this appropriation or any other appropriation of
the New Hampshire hospital shall be made for nurses uniforms.
*This appropriation shall not lapse until June 30, 1967.
Custodial care:
Personal services:
Permanent $781,954
Other 18,000
Total $799,954
Current expenses^ 630,398
Equipment 10,550
Total 1,440,902
+In this appropriation $18,500 is for the purchase of ward linen and
shall not be transferred or used for any other purpose. $140,400 shall be
for products used from the institution's farm. No part of this amount shall
be transferred to any other appropriation or expended for any other pur-
pose. The institution's farm shall receive credit for all products used even
though in excess of $140,400.
Operation of plant:
Personal services:
Permanent $251,334
Other 9,275
Total $260,609
Current expenses 236,630
Equipment 12,245
Total 509,484
Maintenance of plant:
Personal services:
Permanent $281,117
Other 350
Total $281,467
Current expenses 45,096
Equipment 3,000
1965] Chapter 239 321
Other expenditures: :]:
Contractual repairs 35,000
Brown building — root recon-
struction and exterior build-
40,000
Total 404,563
:|:No part of these appropriations shall be transferred or expended for
any other purpose.
Agriculture:
Personal services:
Permanent $77,661
Other 4,000
Total $81,661
Current expenses 47,620
Travel:
In state 25
Equipment 4,050
Total $133,356
Less credit transfers 140,400
Less estimated revenue 4,200
Net reduction — 11,244
Pathology laboratory:
Personal services:
Permanent $16,695
Other 9,200
Total $25,895
Current expenses 750
Equipment 355
Total 27,000
Total for New Hampshire hospital $6,280,878
Less refunds (Maintenance) 63,500
Net appropriation 6,217,378
Child guidance clinics:
State funds:
Personal services:
Permanent $83,540
322
Chapter 239
[1965
Other
Total
Current expenses
Travel:
In state
Total
Federal funds:
Personal services:
Permanent
Other
1,500
Net appropriation
$85,040
5,500
350
$35,042
4.500
Total
$39,542
Current expenses
1,072
Travel:
Out of state
1,400
Equipment
565
Other expenditures:
Consultants
10,729
Grants to communities
9,909t
Merit system
283
Oasi and retirement
1,500
Total*
$65,000
Less estimated federal funds*
65,000
$90,890
flf eligible communities fail to qualify for grants under this appro-
priation, said appropriation may be spent for other purposes of the child
guidance clinics ^vith governor and council approval.
Total for child guidance clinics 90,890
*This amount available for expenditure only if funds are available
as a federal grant.
Total for division of mental health 8,827,358
Total for department of health and Avelfare
$15,682,321
Note: If under the department of health and welfare any federal
o-rant received is less than estimated, the total appropriation shall be re-
duced by the amount of reduction in federal estimates and the applicable
state matching funds.
1965] Chapter 239 323
)r barbers board:
Personal services:
Other
$1,650
Current expenses
850
Travel:
In state
1,170
Out of state
50
Other expenditures:
Transfer to division
of
public health services
for salary of clerk IV and
temporary
clerk
typist
-
2,500
Total
$6,220
For cancer commission:
State Funds:
Personal services:
Permanent
$14,212
Other
17,250
Total
$31,462
Current expenses
114,086
Travel:
In state
1,000
Equipment
250
Total
$146,798
Federal Funds:
Personal services:
Permanent
$8,341
Other expenditures:
Cancer registries and other cancer
control activities
16,659
Total*
$25,000
Less estimated federal funds*
25,000
Net appropriation
Total for cancer commission
$146,798
*This amount available for expenditure only if funds are available
as a federal grant. If the federal grant exceeds the above estimate such
excess may be expended for said purposes with approval of the governor
and council.
324 Chapter 239 [1965
For dental board:
Personal services:
Other $850
Current expenses 400
Travel:
In state 50
Out of state 875
Equipment 265
Total $2,440*
*Otlier provisions of law notwithstanding, the balance in this fund
at June 30, 1965, shall lapse to unappropriated surplus in the general fund.
For board of registration of funeral directors and embalmers:
Personal services:
Other $735
Current expenses 550
Travel:
In state 350
Out of state 400
Total $2,035*
*Other provisions of law notwithstanding, the balance in this fund at
June 30, 1965 shall lapse to unappropriated surplus in the general fimd.
For board of hairdressers:
Personal services:
Other 1,500
Current expenses 1,350
Travel :
In state 2,620
Equipment 30
Other expenditures:
Transfer to division of public health services
for salary of clerk IV and temporary clerk
typist 5,160
Total $10,660
For board of registration in medicine and physical therapy:-)-
65]
Chapter 239
325
Personal services:
Other
Current expenses
$1,520
1,650
Travel.
In state
Out of state
100
500
Total
$3,770
fOther provisions of law notwithstanding, the balance in the physical
therapy fund at June 30, 1965 shall lapse to unappropriated surplus in
the general fund.
For pharmacy commission:!
Personal services:
Other $7,212
Current expenses 1,000
Travel:
In state 1,500
Out of state 300
Equipment 150
Total $10,162
-f-Other provisions of la^v^ notwithstanding, the balance at June 30,
1965 shall lapse to unappropriated surplus of the general fund.
For board of registration in podiatry:*
Personal services:
Other $135
Current expenses 170
Travel:
In state 25
Total $330
*Other provisions of law notwithstanding, the balance at June 30,
1965 shall lapse to unappropriated surplus of the general fund.
For veterans council:
Salary of director $8,060
Other personal services:
Permanent 10,691
Total $18,751
Current expenses 950
326
Chapter 239
[1965
Travel:
In state
Out of state
Equipment
Other expenditures:
Veterans' burials
Total for veterans' council
Less estimated refunds
1,620
150
1,300
4,500
$27,271
500
Net appropriation
$26,771
For insurance department:*
Office of commissioner:
Salary of commissioner
Salary of deputy commissioner
Salary of assistant to commissioner
Other personal services:
Permanent
Total
Current expenses
Travel:
In state
Out of state
^ — Equipment
Total
Rating division:
Personal services:
Permanent
Current expenses
Travel:
In state
Out of state
Equipment
Total
Real estate division:
Personal services:
Permanent
Current expenses
Travel:
In state
15,181
12,240
9,000
66,845
103,266
7,595
100
1,000
1,419
$20,217
1,435
100
400
510
4,830
1,872
100
113,380
22,662
1965]
] Chapter 239
Out of state
200
Equipment
280
Total
Total for insurance department
327
7,282
$143,324
*Notwithstanding any other provision of law, the balances at June
30, 1965 of funds established by RSA 402:56-a (Supp) and Laws 1963:
269:5, and insurance companies annual license and certification fees shall
lapse to unappropriated surplus of the general fund.
For department of labor:
Office of commissioner:
Salary of commissioner 11,792
Salary of deputy commissioner 8,481
Other personal services:
Permanent 30,780
Other 7,832
Total 58,885
Current expenses 14,802
Travel:
In state 600
Out of state 1,000
Equipment 855
Total 76,142
Factory inspection:
Personal services:
Permanent 62,515
Current expenses 1,400
Travel:
In state 8,800
Equipment 2,165
Total 74,880
Workmen's compensation:
Personal services:
Permanent 29,030
Current expenses 2,565
Equipment 665
Total 32,260
328 Chapter 239 [1965
Ne^v Hampshire apprenticeship council:
Other expenditures:
Apprenticeship council 350
Total for department of labor 183,632
Note: Such provisions of RSA 281:48 as provide for payments into the
second injury fund are hereby suspended for the period from July 1, 1965
to June 30, 1966.
For personnel department:*
Salary of director
$13,620
Salary of deputy director
12,153
Other personal services:
Permanent
83,689
Other
1,870
Total
$111,332
Current expenses
5,574
Travel:
In state
1,132
Out of state
608
Equipment
1,445
Other expenditures:
Oasi and retirement
488
Insurance (Blue cross. Life
insurance)
48
Total $120,627
Less estimated federal funds 14,917
Net appropriation $105,710
*State matching appropriations are available for expenditure only
if funds are available from a federal grant. If a federal grant is reduced,
expenditure of the state matching appropriation shall be reduced pro-
portionately.
For resources and economic development:
Office of Commissioner:
Division of administration, warehouse and graphic arts:
Salary of commissioner 15,969
Other personal services:
Permanent I55,419f
Other 7,200
Total 178,588
1965] Chapter 239 329
Chapter
239
Current expenses
17,500
Travel:
In state
2,000
Out of state
900
Equipment
4,145
Other expenditures:
Community recreation services
15,000+
Total 218,133
f Of the following two permanent positions whichever one becomes
vacant first shall be abolished:
1 Accountant II (Position # 0008)
1 Accountant I (Position # 0007)
;J:This appropriation shall not be transferred or expended for any
other purpose.
Division of design, development and maintenance:
Personal services:
Permanent $81,550
Other 5,572
Total $87,122
Current expenses 4,500
Travel:
In state 1,500
Equipment 9,250
Total 102,372
Total for office of commissioner $320,505
Division of resources development:
Administration:
Salary of director $12,120
Other personal services:
Permanent 299,605+
Other 33,864++
Total $345,589
Current expenses 26,000
Travel:
In state 18,500
Out of state 950
Equipment 14,000*
$417,614
15,000
90,000
28,543
330 Chapter 239 [1965
Other expenditures:
State's share of town warden training-
expenses 3,000**
State's share of town prevention bills 2,200**
Plant maintenance 7,375f
Total
Less revenue:
Federal — Forest pest and disease
Clarke-McNary law — section 2 and 4
Other revenue and balance
Net appropriation $284,071
;J:The permanent position of assistant district fire chief is hereby abol-
ished.
:J:JIn this appropriation $20,000 shall be for the state's share for ten
county foresters.
*In this appropriation $5,000 shall be for fire tools to be resold to
to^vns and no part of said appropriation shall be transferred or used for
any other purpose than in 50-50 matching with town funds.
**Any expense lawfully incurred under the provisions of RSA 224: 15,
in excess of these amounts shall be paid from funds in the treasury not
otherwise appropriated subject to prior approval by the governor and
council.
•fin this appropriation $4,075 shall be for supplies for repairs to ma-
chinery and equipment and $3,300 shall be for supplies for repairs to
buildings and shall not be transferred or expended for any other purpose.
Caroline A. Fox research fund:
Personal services:
Permanent $4,499
Other 6,350
Total $10,849
Current expenses 3,290
Travel:
In state 700
Out of state 135
Equipment 555
Total $15,529
Less revenue and balance 15,529
Net appropriation
1965] Chapter 239 331
Forest improvement £unds:f
Personal services:
Permanent $39,077
Other 20,000
Total $59,077
Current expenses 2,000
Travel:
In state 3,500
Out of state 150
Equipment 1,500
Other expenditures:
Silviculture 5,000
Timber tax 1,000
Total 72,227
fOther provisions of law notwithstanding the balance at June 30,
1965 in the forest improvement fund shall lapse to the unappropriated
surplus of the general fund.
Total for division of resources development* $356,298
Footnote: *If income from federal grants exceeds estimates, the ex-
cess may be expended with approval of the governor and council.
Division of parks:
Administration:
Salary of director $13,800
Other personal services:
Permanent 28,249
Other 2,913
Total $44,962
Current Expenses 4,200
Travel:
In state 2,700
Out of state 500
Other expenditures:
Advertising 60,000f
Total 112,362
fThis appropriation shall not be transferred or expended for any
r nnrnncf
other purpose
332 Chapter 239 [1965
Self-supporting parks:
Personal services:
Permanent $378,060
Other 149,987
Current expenses 139,050f
Travel:
In state 850
Out of state 650
Equipment 21,955
Total 690,552
fThis appropriation includes $10,000 for insurance and $21,050 for
major repairs which shall not be transferred or expended for any other
purpose.
Service parks:
Personal services:
Permanent $63,443
Other 266,569
Current expenses 115,055f
Travel:
In state 1,825
Equipment 27,525
Total 474,417
fThis appropriation includes $20,055 for major repairs Avhich shall
not be transferred or expended for any other purpose.
Bonds and interest:
Chapter 254, Laws of 1953
Issue of 1954 $46,475
Chapter 254, Laws of 1953
Issue of 1956 15,607
Chapter 337, Laws of 1955
Issue of 1959 33,239
Chapter 293, Laws of 1957
Issue of 1959 34,669
Chapter 297, Laws of 1959
Issue of 1961 11,550
Chapter 263, Laws of 1961
Issue of 1963 360,800
Chapter 264, Laws of 1961
Issue of 1964 48,320
Total bonds and interest 550,660f
1965] Chapter 239 333
fThis appropriation shall not be transferred or expended for any
other purpose.
Retirement, OASI and insurance 27,000
Injured employees 2,500
Total for division of parks $1,857, 49 If
Less revenue* 1,648,766
Net appropriation $208,725
f Within this appropriation expenditure of $100,000 shall be subject
to prior approval of the governor and council.
Note: Any unexpended balance in the recreation fund at June 30,
1965 and June 30, 1966 shall lapse to the unappropriated surplus of the
general fund.
*Rates charged at service and self-supporting parks shall be adjusted
to assure that estimated revenue will be realized as such revenue may be
required to assure that the division of parks does not close the fiscal year
with a deficit. Expenditures for the division of parks shall not exceed the
legislative net appropriation plus actual revenue on June 30, 1966. In
order to provide working capital for the operation of the agency an
amount not to exceed $550,000 in addition to the legislative net appro-
priation may be a charge against the unappropriated surplus of the state
beginning July 1, 1965. From such working capital the director of ac-
counts shall encumber the sum of $550,660 for the payment of fiscal 1966
debt service. In each succeeding month of the fiscal year the unappropri-
ated surplus shall be reimbursed by $55,000.
Division of economic development:
Administration:
Salary of director - $13,740
Other personal services:
Permanent 29,975
Other 4,000
Total $47,715
Current expenses 38,275
Travel:
In state 1,250
Out of state 2,000
Equipment 3,384
Other expenditures:
Regional associations 30,000*
Eastern state exposition 8,000
Total 130,624
334 Chapter 239 [1965
*This appropriation shall be administered by the division of eco-
nomic de\elopment for the aid of the regional development associations.
Not more than $5,000 may be allotted by the director to any one regional
association -whose bounds, form of organization and program shall have
first been approved by the director. Any unexpended portion of this ap-
propriation shall not be transferred to any other state appropriation but
shall lapse.
Industrial development:
Personal services:
Permanent
Current expenses
Travel:
In state
Out of state
Total 122,803
Planning and research:
Personal services:
Permanent $61,394
Current expenses 2,200
Travel:
In state 2,000
Out of state 1,000
$94,303
13,000
6,000
9,500
Total 66,594
State geology:
Personal services:
Other $1,800
Current expenses 3,500
Travel:
In state 100
Other expenditures:
Geology bookletsf 1,500
Geological and aeromagnetic mapping 15,000ff
Total 21,900
■fOther provisions of law notwithstanding, the balance in the geology
booklets account at June 30, 1965 shall lapse to the unappropriated sur-
plus of the general fund.
ffThis appropriation shall not be transferred or expended for any
other purpose.
1965] Chapter 239 335
Vacation travel promotion:
Personal services:
Permanent $62,489
Travel:
In state 1,500
Out of state 3,000
Other expenditures:
Printing and binding 50,000*
Advertising 145,000*
Planning 20,000*
Promotion 5,000*
Montreal office 10,000
Boston office 12,500
New York office 11,000
Visitors center 2,500
Bulletin of vacation inquiry 1,600 J
Total 324,589
*These appropriations shall not be transferred or expended for any
other purpose.
:J:Other provisions of law notwithstanding the balance in the bulletin
of vacation inquiry account at June 30, 1965 shall lapse to the unappro-
priated surplus account of the general fund.
Urban planning assistance:*
Other expenditures $155,520
Less estimated revenue 153,520:|:
Net appropriation 2,000
*Any state earned income shall be deposited to the general fund; and
any balance of such earnings at June 30, 1965 shall lapse to the unappro-
priated surplus of the general fund.
;|:The expenditures authorized under this appropriation may be in-
creased with governor and council approval by the amount of federal and
local funds available which exceed the estimated revenue.
Other expenditures:
Electrical improvement to New Hampshire
building at Eastern States exposition 12,000
Total — Division of economic development 680,510
Water resources board:
Salary of chairman $12,300
336
Chapter 239
Other personal services:
Permanent
71,077
Other
500
Total
$83,877
Current expenses
3,500
Travel:
In state
4,000
Out of state
675
Equipment
2,680
Other expenditures:
Maintenance of dams
3,000+
Stream flow gauging
24,200
[1965
Connecticut river valley flood
control commission:
Per diem and expenses of commission
State's contribution to commission
Survey and investigation re ground
^vater resources
Survey on effect of highway salt on
ground water resources
Merrimack river valley flood
control commission:
Per diem and expenses of commission
State's contribution to commission
Taxation re Pittsburo: and Clarksville
700
1,250
11,000+
4,000+
600
3,000
12,500+
Total for water resources board
Less transfers from:
Public works and highways
Pittsburg project
Lakeport project
$154,982
10,000
11,181
5,396
Net appropriation 128,405
JThis appropriation shall not be transferred or expended for any
other purpose.
Hampton beach parking facility:
Personal services:
Other
Current expenses
Travel:
In state
Equipment
$9,406
7,855
100
295
1965] Chapter 239 337
Other expenditures:
Hampton sea wall bonds 60,000
Interest on bonds 19,013
Total $96,669
Less estimated revenue 36,000:|:
Net appropriation 60,669
:J:The advisability of installing additional meters and increasing the
charge for leased parking area shall be reviewed. Parking meter fees and
space rentals shall be adjusted to insure that estimated revenue will be
received.
Total for department of resources and economic
development $1,755,112
Port authority:
Personal services:
Permanent $15,691
Other:
Temporary 1,000
Harbor Masters 4,000*
Outside sales representative 5,000
Total
$25,691
Current expenses
7,360
Travel:
In state
500
Out of state
1,800
Equipment
400
Other expenditures:
Reimbursement of
harbor masters
1,000
Operation of terminal
12,000
Total 48,751
*Not to be transferred or expended for any other purpose.
Note: Revenue in excess of $28,000 may be expended for operation
and maintenance of the terminal subject to the prior approval of the gov-
ernor and council: however, if an emergency arises because of depletion
of operation and maintenance budget, the port authority is authorized to
expend a sum over the $12,000 allowed in this category, with the approval
of the governor and council if such expenditures will generate additional
revenue at least equal to the expenditure.
338 Chapter 239 [1965
For department of safety:
Office of commissioner:
Salary of commissioner 16,419
Other personal services:
Permanent
72,685
Other
2,100
Total
91,204
Current expenses
6,700
Travel:
In state
1,350
Out of state
750
Equipment
950
Other expenditures:
Oasi, retirement, blue cross and insurance
5,875
Conversion to EDP:
Temporary help
11,700*
Rental of EDP equipment
7,170*
Total
125,699
Less transfer from highway fund
121,426
Net appropriation $4,273
*This appropriation shall not be transferred or expended for any
other purpose.
Division of motor vehicles:
Administrative:
Salary of director $11,320
Other personal services:
Permanent
226,454
Other
33,900
Total
$271,674
Current expenses
230,000
Travel:
In state
400
Out of state
450
Equipment
12,640
Other expenditures:
Oasi, retirement, blue
cross, insurance
21,269
Total $536,433
1965]
Chapter 239
339
Road toll:
Personal services:
Permanent
Current expenses
Travel:
In state
Out of state
Equipment
Other expenditures:
Oasi, retirement, blue
cross, insurance
Total
Court returns:
Personal services:
Permanent
Current expenses
Equipment
Other expenditures:
Oasi, retirement, blue
cross and insurance
Total
Total for division of motor vehicles
Less transfer from highway fund
Net appropriation
Initial plate fund:f
Personal services:
Permanent
Other
$54,755
985
3,300
3,425
3,330
4,000
$7,858
285
450
662
69,795
9,255
$615,483
615,483
$3,843
1,500
Total
$5,343
Current expenses
9,000
Other expenditures:
Oasi, retirement, blue cross and insurance
297
Child safety council
2,000
Driver assistance
60,000
Police training school
4,000
Total
$80,640
Less estimated revenue
80,640
Net appropriation
340 Chapter 239 [1965
f Other provisions of law notwithstanding, all expenditures from the
initial plate fund shall be subject to budgetary limitations, and any bal-
ance in this fund at July 1, 1965 and June 30, 1966 shall lapse to the high-
\vay fund.
Division of state police:
Traffic Bureau:
Salary of director $11,850
Other personal services:
Permanent 969,029
Other 2,000
Total
982,879
Current expenses
83,445
Travel:
In state
188,000
Out of state
1,500
Equipment
208,715
Other expenditures:
Training
3,800
Oasi and retirement
47,345
Blue cross, insurance
6,455
For new troopers:
Automobiles
24,000
Radios
5,868
Uniforms and equipment
9,180
Retirement, blue cross.
insurance
4,493
Total for traffic bureau
1,565,680
Less estimated revenue
42,400
Less transfer from turnpike
145,811
Less transfer from
highway fund
1,377,469
Net appropriation
Detective bureau:
Personal services:f
Permanent $93,178
Current expenses 14,000
Travel:
In state 10,000
Out of state 500
Equipment 10,000
1965]
Chapter 239 341
Other expenditures:
Oasi, retirement, blue
cross and insurance 6,590
Total $134,268*
Less estimated revenue 1,600
Net appropriation 132,668
fNo transfers of personnel shall be made in or out of the approved
number of positions without the approval of the commissioner. No in-
crease in staff shall be made without prior approval of the governor and
council upon recommendation of the commissioner.
*No part of this appropriation shall be transferred to any other ac-
count or expended for any other purpose.
Communications: J
Personal services:
Permanent
63,477
Current expenses
16,000
Travel:
In state
4,900
Equipment
4,000
Other expenditures:
Training school
LOOOf
Oasi, retirement.
blue
cross, insurance
4,127
Total
93,504
Less estimated :
revenue
800
Less transfer from h
ighway
fund
82,548
Net appropriation 10,156
fExpenditure shall be subject to prior approval of the governor and
council. No transfer shall be made from this appropriation.
JOnly four uniformed employees shall be assigned to the communica-
tions section.
Crowd control equipment 10,000
Less transfer from highway fund 5,000
Net appropriation 5,000
Total for state police 147,824
Division of safety services:-)"
Salary of director $10,230
342 Chapter 239 [1965
Salary of fire marshal 9,120
Other personal services:
Permanent 126,232
Other 75,000
Total
$220,582
Current expenses
60,000
Travel:
In state
43,850
Out of state
1,350
Equipment
37,900
Other expenditures:
Oasi, retirement, blue cross, insurance
14,000
Civil defense and rescue training center:
Personal services and maintenance
500
Schools and training
500
Total for safety services
$378,682
Less transfer from highway fund
132,538
Net appropriation 246,144
Total for department of safety $398,241
fOther provisions of law notwithstanding the balance in initial plate-
boats fund at July 1, 1965 shall lapse to unappropriated surplus of the
general fund.
For secretary of state:**
Office of secretary:
Salary of secretary 13,501
Salary of deputy secretary 10,741
Other personal services:
Permanent 53,184
Other 3,675
Total
81,101
Current expenses
7,030
Travel:
In state
125
Out of state
800
Equipment
1,280
Other expenditures:
Equipment and supplies to revise filing
sys-
tem for corporate and trade
names
8,700
Total 99,036
1965]
Chapter 239 343
Elections division:
Personal services:
Other $1>500
Current expenses 2,000*
Travel:
In state 50
Other expenditures 40,000*
Total
*Shall not lapse until June 30, 1967.
Xerox division:
Personal services:
Permanent
Other
$4,422
400
Total
Current expenses
Other expenditures:
Legislative services
$4,822
8,000
1,000*
Total
Less estimated revenue (Xerox services)
$13,822
5,000t
43,550
Net appropriation 8,822
*Shall not lapse until June 30, 1967.
f Revenue in excess of the estimate may be expended ^vith prior ap-
proval of the governor and council.
Trading stamps:
Other expenditures 1,050
Auctioneers:
Other expenditures 1,700
Total for secretary of state $ 1 54, 1 58
**Other provisions of law notwithstanding, the balance at June 30,
1965 in auctioneers and trading stamp accounts shall lapse to unappro-
priated surplus of the general fund.
For board of accountancy:*
Personal services:
Other $1,000
Current expenses 1,565
344 Chapter 239 [1965
Travel:
In state 100
Total $2,665
*Other provisions of law notwithstanding, the balance at June 30,
1965 shall lapse to unappropriated surplus of the general fund.
For board of registration for architects:*
Personal services:
Other $1,350
Current expenses 500
Travel:
In state 150
Out of state 500
Equipment 88
Total $2,588
*Other provisions of law notwithstanding, the balance at June 30,
1965 shall lapse to unappropriated surplus of the general fund.
For state athletic commission:*
Personal services:
Other $950
Current expenses 150
Travel:
In state 600
Total $1,700
*Other provisions of law notwithstanding, the balance at June 30,
1965 shall lapse to unappropriated surplus of the general fund.
For board of chiropractic examiners:
Personal services:
Other $1,200
Current expenses 550
Travel:
In state 650
Out of state 200
Total $2,600
1965] Chapter 239
For board of professional engineers:*
Personal services:
Other
$3,370
Current expenses
2,165
Travel:
In state
230
Out of state
650
Equipment
700
345
Total $7,115
*Other provisions of law notwithstanding, the balance at June 30,
1965 shall lapse to unappropriated surplus of the general fund.
For board of registration in optometry:
Personal services:
Other $400
Current expenses 355
Travel:
In state 150
Out of state 245
Total $1,150
For board of psychologists:*
Current expenses $100
Travel:
In state 60
Out of state 40
Total $200
*Other provisions of law notwithstanding the balance at June 30,
1965 shall lapse to unappropriated surplus of the general fund.
For state library:
Administration:
Salary of librarian $12,000
Salary of assistant librarian 9,219
Other personal services:
Permanent 154,496
Other 3,219
Total $178,934
Current expenses 13,000
6
Chapter 239
Travel:
111 state
300
Out o£ state
400
Equipment
28,885
Total
Extension:
Current expenses
$8,500
Travel:
111 state
3,200
Out of state
100
Equipment
14,270
[1965
Total 99,919
Current expenses 14,374
Travel:
In state 1,600
Out of state 1,200
Equipment 29,760
Other expenditures:
Public relations 16,000
Training and scholarships 5,823
Construction grant-in-aid 132,682
Oasi 3,915
Total* 305,273
Less estimated revenue 305,273
$221,519
Total 26,070
State aid:
Grants-in-aid to rural libraries 2,000
Federal Aid:
Personal services:
Permanent 93,365
Other 6,554
Net appropriation
*This amount available for expenditure only if funds are available as
a federal grant.
Total for state library $249,589
1965] Chapter 239 347
For state treasury:
Administration:
Salary of treasurer $12,277
Salary of deputy treasurer 9,266
Other personal services:
Permanent 102,400
Other 2,400
Total
$126,343
Current expenses
29,323
Travel:
In state
50
Out of state
250
Equipment
4,400
Total
Trust funds:
-—
Agricultural college fund
$4,800
Hamilton Smith fund
400
Benjamin Thompson fund
31,896
$160,366
Total 37,096
Expense re head tax 100
Bounties;]: — payments to cities and towns 2,000
Total for state treasury $199,562
Less transfer from highway fund 23,032
Net appropriation $176,530
JThis appropriation shall be a continuing appropriation and shall
not lapse.
For industrial school:
Administration :
Salary of superintendent $12,900
Salary of deputy superintendent 8,053
Other personal services:
Permanent 24,238
Total $45,191
Current expenses 7,200f
Travel:
In state 300
Out of state 600
Total $53,291
348 Chapter 239 [1965
fWithin this appropriation $5,500 is for telephone service and shall
not be transferred or expended for any other purpose.
Instruction:
Personal services:
Permanent $59,639
Other 3,500
Total $63,139
Current expenses 1,750
Equipment 760
Total 65,649
Custodial care:*
Personal services:
Permanent $337,702tt
Other 8,909
Total $346,611
Current expenses f J 65,350
Equipment 2,090
Total 414,051
*Such sums as may be required for the custody of certain inmates shall
be transferred from the emergency fund upon approval by the governor
and council.
•ffThe permanent position of housekeeper shall be abolished when
the position becomes vacant.
•fin this appropriation $22,500 shall be for products used from the
institution's farm. No part of this amount shall be transferred to any other
appropriation or expended for any other purpose. The institution's farm
shall receive credit for all products used even though in excess of $22,500.
:|:In this appropriation $1,550 shall be for subsistence and support of
persons and shall not be used for any other purpose or transferred to any
other account.
Auxiliary to custodial care:
Personal services:
Other 4,000
Operation of plant:
Personal services:
Permanent $19,582
Current expenses 36,000
Equipment 7,840
Total 63,422
1965]
Chapter 239
349
Maintenance of plant:
Personal services:
Permanent
Other
Total
Current expenses
Equipment
Other expenditures:
Repairs of machines, equipment, build-
ings and grounds (Contract)
Stabilization and necessary related repairs
to school building and adjoining areas
Resurfacing of roadways
Repair and replacement of underground
water mains and steam lines
34,633
1,200
35,833
9,000
160
8,100
16,000
5,000
23,000
Total
Agriculture:
Personal services:
Permanent
Other
Total
Current expenses
Equipment
Total
Less credit transfer
Less estimated revenue
Net appropriation
Boys' and girls' benefit fund:
Current expenses
Parole:
Personal services:
Permanent
Current expenses
Travel:
In state
Out of state
Equipment
97,093
$16,283
1,250
$17,533
14,500
1,500
$33,533
22,500
7,500
$33,654
325
2,300
400
60
3,533
5,500
Total
36,739
350
Chapter 239
[1965
Total for industrial school
Less refunds (maintenance)
Net appropriation
$743,278
6,500
$736,778
For soldiers home:
State funds:
Office of commandant:
Salary of commandant
Other personal services:
Permanent
Other
Total
Custodial care:
Personal services:
Permanent
Other
Total
Professional care and treatment:
Personal services:
Total
Current expenses
Travel:
In state
Out of state
Equipment
Other expenditures:
Renovation of east wing basement, includ-
ing equipment and furnishings
Renovate and re-equip kitchen in main
building
7,100
6,188
211
$31,058
2,200
Permanent
$36,202
Other
2,200
Total
Operation and maintenance of plant:
Personal services:
Permanent
$13,147
Other
550
$13,697
24,635
370
50
225
8,000
10,000
$13,499
33,258
38,402
1965] Chapter 239 351
Repairs to buildings and grounds —
contractual 3,700*
Total 60,677
*Reroofing east wing of main building $3,000 and renew floor of
old laundry room $700.
Total $32,250
Current expenses 2,073
Travel:
In state 585
Out of state 425
Equipment 400
Total for soldiers home $145,830
Less refunds (maintenance) 1,600
Less revenue and balance 46,000
Net appropriation $98,236
For state prison:
Administration:
Salary of warden $13,620
Other personal services:
Permanent 18,330
Other 300
Total $35,733
Instruction:
Personal services:
Permanent 5,550
Custodial care:
Salary of deputy warden $9,740
Other personal services:
Permanent 279,424
Other 26,580
Total $315,744
Current expenses* 94,681
Equipment 200
Other expenditures:
Custody of certain inmatesj 3,270
Total 413,895
352 Chapter 239 [1965
*In this appropriation $18,000 shall be for products used from the
institution's farm. No part of this appropriation shall be transferred to
any other appropriation or expended for any other purpose. The institu-
tion's farm shall receive credit for all products used even though in excess
of $18,000.
;{;This appropriation shall be available for the custody of unmanage-
able inmates in out-of-state institutions or federal penitentiaries when no
suitable institution exists in New Hampshire. Any payments out of the
appropriation shall be made with approval of the governor and council.
This fund may also be used for such inmates who have been sent to such
out-of-state institutions from the Laconia state school and the New Hamp-
shire hospital. No part of this appropriation shall be transferred to any
other appropriation or expended for any other purpose.
Auxiliary to prison care and custody:
Personal services:
Other $7,600
Current expenses 5,000
Other expenditures:
Awards — gate money 3,420
Total 16,020
Operation of plant:
Personal services:
Permanent
$29,458
Other
249
Total
Maintenance of plant:
Current expenses
$11,500
Equipment
2,080
Other expenditures:
Repair south gate — including
installation
of new steel doors
8,000
Repair brick work on
north wall
5,000
Total
Agriculture:
Personal services:
Permanent
$14,483
Other
3,000
Total
$17,483
Current expenses
23,000
29,707
26,580
1965]
Chapter 239
353
Equipment
Other expenditures:
Slaughtering, cutting and curing meat
Registration fees
Total
Less credit transfer
Less estimated revenue
Net reduction
Parole:
Salary of parole officer
Other personal services:
Permanent
Other
Total
Current expenses
Travel:
In state
Out of state
Equipment
Total
Prison industries:
Personal services:
Permanent
Other
Total
Current expenses
Travel:
In state
Out of state
Total
Less estimated revenue and credits
Net appropriation
Total for state prison
Less refunds (maintenance)
Net appropriation
5,475
1,500
75
$47,533
18,000
30,000
$8,120
24,234
600
$32,954
1,200
1,600
500
1,400
$99,965
11,049
$111,014
191,980
75
175
$303,244*
303,244
-467
37,654
$564,672
5,356
$559,316
354 Chapter 239 [1965
*Expenditures for year shall not exceed revenue and credits.
For higher education fund:
Includes uni\'ersity of New Hampshire,
Plymouth state college and Keene state college
Extension ^vork in counties $92,400
•j-For the fiscal year ending June 30, 1966, the millage formula pro-
vided by RSA 187:24 is hereby suspended and the sum hereby appropri-
ated shall be the total appropriation for the university of Ne^v Hampshire,
Plymouth state college and Keene state college and shall be in lieu of re-
quirements for appropriation under said RSA 187:24. In this appropria-
tion $20,935 shall be for furnishings for silver hall at Plymouth state
college.
For board of education:
Administration :
Salary of commissioner 16,860
Salary of deputy commissioner 13,620
Other personal services:
Permanent 202,680
Other 1,500
Total
234,660
Current expenses
20,000
Travel:
In state
6,500
Out of state
2,500
Equipment
2,300
Other expenditures:
Implementation of higher education
loan program
2,500+
Total 268,460
JThis appropriation shall not be transferred or expended for any
other purpose and shall not lapse until June 30, 1967.
Foundation aid:
State aid to school districts $2,950,000
Note: The requirements of meeting a tax of $14. per thousand of
equalized valuation, as provided in RSA 198:10, is waived for the pre-
existing school district of Gilsum for the Fiscal year 1965-1966 for the
purposes of computing foundation aid for 1965-66.
Special aid to 20 school districts 102,710
1965] Chapter 239 355
Unorganized district aid:
Tuition and transportation $12,700
Less estimated revenue from assessments
against unincorporated places 5,000
Net total 7,700
School building construction:
Other expenditures:
Aid to school districts for school
building construction J 1,716,117
;|:These funds shall not be expended for any other purpose and no
transfers shall be made therefrom.
State-wide supervision:
Other expenditures:
Salaries and travel of superintendents,
assistant superintendents and teacher
consultantsf $867,000
Superintendents' conference 2,000
Total $869,000
Less revenue from school districts 568,000
Net appropriation 301,000
fThe state board of education shall receive for disbursement sums
paid by school districts for the additional salaries of superintendents un-
der the provisions of RSA 189:44. In the above appropriation $568,000
shall come from funds received under RSA 189:44 and the state's share
shall not exceed $299,000.
Smith-Hughes and George Barden:
Personal services:
Permanent 86,489*
Other 50
Total
86,539
Current expenses
2,500
Travel:
In state
4,250
Out of state
1,650
Other expenditures:
Reimbursements to school districts for
salaries and travel of teachers
189,771
Totalf 284,710
356 Chapter 239 [1965
Less estimated revenue 191,662
Net appropriation 93,048
*This appropriation includes funds for a new position of director
of business education and these funds shall not be transferred or expended
for any other purpose. The commissioner of education shall fill this posi-
tion as soon as possible.
f If the federal grant is less than the amount of the estimate shoAvn
herein, the total appropriation shall be reduced in like proportion.
Education of deaf:
Current expenses;]; 317,025
Travel:
In state 25
Total 317,050
Less estimated revenue 46,390
Net appropriation 270,660
;j;These funds shall be for payments to schools for board, room and
tuition and shall not be transferred or expended for any other purpose.
Intellectually retarded children 87,757
Emotionally disturbed children 10,000
George Barden (title III):
Current expenses $400
Travel:
In state 500
Other expenditures:
Purchases in behalf of schools 149,462
Totalf $150,362
Less estimated federal fundsf 149,787
Net appropriation 575
■f If the federal grant is less than the amount shown herein the total
appropriation shall be reduced in like proportion.
School lunch program: state
Personal services:
Permanent $20,804
Current expenses 350
Travel:
In state 800
1965] Chapter 239 357
Out of state 250
Total 22,204
School lunch and milk programs: federal
Other expenditures:
Reimbursements to school districts for —
School lunch program $400,000
Special milk program 400,000
Totalf S800,000
Less estimated federal fundsf 800,000
Net appropriation
fif the federal funds received for the above programs are less than
the amount of the estimate shown herein, the total appropriation shall be
reduced in like proportion. If the funds received exceed the estimate,
such excess may be expended with approval of the governor and council.
Fire service training: state
Other expenditures:
For expenses authorized by RSA 154-A (supp) 5,878
Vocational rehabilitation:
Personal services:
Permanent 76,521
Current expenses 3,000
Travel:
In state 5,600
Out of state 250
Equipment 1,900
Other expenditures:
Case services 125,000
Retirement, oasi, merit system,
blue cross, insurance 2,800
Totalf 215,071
Less estimated federal funds 131,523
Net appropriation 83,548
flf the federal grant is less than the amount of the estimate shown
herein, the appropriation shall be reduced in like proportion.
Oasi disability determination: federal
Personal services:
Permanent 34,398
Current expenses 3,304
358 Chapter 239 [1965
Chapter 239
Travel:
In state
500
Out of state
700
Equipment
690
Other expenditures:
Medical consultants and examinations
32,000
Clients' travel
3,100
Retirement, oasi, merit system.
blue cross, insurance
2,931
Totalf
77,623
Less estimated federal fundsf
77,623
Net appropriation
fif the federal grant is less than the amount of the estimate shown
herein, the appropriation shall be reduced in like proportion.
National defense education act — title III:
Personal services:
Permanent
538,584
Current expenses
4,750
Travel:
In state
2,250
Out of state
750
Equipment
450
Other expenditures:
Curriculum study and conference
1.950
Reimbursements to school districts
275,000
Totalf
$323,734
Less estimated federal fundsf
299,240
Net appropriation 24,494
fIf the federal giant is less than the amount of the estimate sho^NOi
herein, the appropriation shall be reduced in like amount.
National defense education act — title V:
Personal services:
Permanent S 10.580
Current expenses 825
Travel:
In state 500
Out of state 300
Equipment 130
1965] Chapter 239 359
Other expenditures:
Reimbursements to school districts 45,386
Totalf $57,721
Less estimated federal fundsf 51,553
Net appropriation 6,168
f If the federal grant is less than the amount of the estimate shown
herein, the total appropriation shall be reduced in like proportion.
National defense education act — title X:
Personal services:
Permanent $11,578
Other 1,600
Total
$13,178
Current expenses
6,600
Travel:
In state
800
Out of state
500
Equipment
83
Totalf
$21,161
Less estimated federal funds —
10,581
Net appropriation 10,580
fif the federal grant is less than the amount of the estimate shown
herein, the total appropriation shall be reduced in like proportion.
Manpower development and training fund:
Other expenditures 750,000:|:
Less estimated federal funds — 750,000
Net appropriation
:J;This appropriation shall not lapse at June 30, 1966.
f If the federal grant is less than the amount of the estimate shown
herein, the total appropriation shall be reduced in like proportion.
N. H. technical institute — Concord
Salary of director 11,812
Other personal services:
Permanent 184,862
Other 21,000
Total 217,674
Current expenses 127,825
360 Chapter 239 [1965
Travel:
In state 1.700
Out of state 800
Other expenditures:
Grant to students 10,000
Total
357,999
Less estimated revenues:
Tuition
71,800
Room and board
56,691
Textbooks and supplies
28,000
Cafeteria
8,200
Evening school
9,000
Net appropriation 184,308
*No part of these appropriations to be expended without prior ap-
proval of the governor and council.
N. H. vocational institute — Berlin:
Personal services:
Permanent $5,740
Current expenses 2,000
Travel:
In state 1,000
Total 8,740*
*No part of these appropriations to be expended ^vithout prior ap-
proval of the governor and council.
N. H. vocational institute — Manchester:
Personal services:
Permanent
Other
$195,785
9,840
Total
Current expenses
Travel:
In state
$205,625
52,420
450
Total
Less estimated revenue:
Tuition
Text books and supplies
$258,495
75,000
15,500
Chapter 239
Cafeteria
11,500
Evening school
9,840
1965]
Net appropriation
N. H. vocational institute — Portsmouth:
Personal services:
Permanent
Other
Total
Current expenses
Travel:
In state
Total
Less estimated revenue:
Tuition
Text books and supplies
Cafeteria
Evening school
Federal funds
Net appropriation
N. H. vocational institute loan fund:
Loans to students
Scholarships — "vvorld war orphans
(as provided by RSA 193)
Board of nursing education and nurse registration:
Personal services:
Permanent
Other
Total
Current expenses
Travel:
In state
Other expenditures:
Oasi and retirement
Total
Less estimated revenue and balance
Net appropriation
Total for board of education
361
$144,765
11,062
$155,827
34,987
1,270
$192,084
49,200
5,500
8,500
4,200
15,448
$23,520
600
$24,120
4,400
400
1,600
$30,520
30,520
146,655
109,236
5,000
2,700
$6,417,538
362 Chapter 239 [1965
Less estimated revenue:
Literary fund 6,000
$5.00 school tax 700
Net appropriationf $6,410,838
fOther provisions of law notwithstanding, the balance at June 30,
1965 in the Building projects account shall lapse on July 1, 1965 to un-
appropriated surplus of the general fund.
For coordinating board of advanced education and accreditation:
Salary of executive secretary 5,000
Other personal services:
Other 3,167
Total 8,167
Current expenses 750
Travel:
In state 900
Out of state 100
Equipment 80
Total 9,997
For board of probation:
Salary of director $10,521
Other personal services:
Permanent 267,8951
Other 2,731
Total $281,147
Current expenses 16,226
Travel:
In state 15,000
Out of state 700
Equipment 1,610
Other expenditures:
Expense and equipment for
Carroll county office 2,000*
Total for probation $316,683
Less estimated revenue 6,613
Net appropriation $310,070
1965] Chapter 239 363
fin this appropriation $6,066 is for the salary of a new position of
probation officer, and $3,717 is for the salary of a new position of clerk
stenographer II, both for Carroll county, which shall not be transferred or
expended for any other purpose.
*This appropriation shall not be transferred or expended for any
other purpose.
For aeronautics commission:*
Administration:
Salary of director $13,500
Other personal services:
Permanent 41,049
Other 1,200
Total $55,749
Current expenses 4,300
Travel:
In state 3,000
Out of state 2,000
Equipment 4,000
Total $69,049
Airways toll fund:
Other expenditures:
Establishment and maintenance of air navigation
facilities on the state airway system 8,000
Aircraft operating fees:
Other expenditures — as provided by 1961:261 8,000
Total for aeronautics commission $85,049
*Notwithstanding any other provision of law, the balances at June
30, 1965 in the airway toll fund and the aircraft operating fees fund shall
lapse to unappropriated surplus of the general fund.
For bank commissioner:
Administration :
Salary of commissioner 15,000
Salary of deputy commissioner 12,180
Salary of assistant commissioner 10,500
Other personal services:
Permanent 190,740
Other 2,620
Total 231,040
364 Chapter 239 [1965
Current expenses 23,800
Travel:
In state 21,050
Out of state 2,000
Equipment 3,360
Other expenditures:
Oasi and retirement 13,640
Total 294,890
Less revenuef 279,890
Net appropriation 15,000
fThe bank commissioner shall collect in the manner indicated in
section 4 of this act, from the institutions, the condition and management
of which he is required to examine and supervise under the provisions of
RSA 383:9 as the cost of such supervision and examination, a sum equal
to the amount of the difference between the total amount appropriated
for the bank commissioner's department and the amount designated
herein as the salary of the commissioner, for the fiscal year ending June
30, 1966. Any excess collected under the provisions hereof shall be used
to reduce the amount required to be collected from the above mentioned
institutions in the fiscal year 1967.
Special fund — re small loan licenses and
motor vehicle sales finance licenses:ff
Salary of bank examiner II $7,400
Salary of bank examiner I 6,200
Other personal services:
Permanent 4,722
Total $18,322
Current expenses 820
Travel:
In state 1,375
Out of state 450
Other expenditures:
Oasi and retirement 1,250
Total $22,217
Less revenue $22,217
Net appropriation
•ffNotwithstanding any law to the contrary, expenditures from this
fund shall be subject to budgetary limitations.
Total for bank commissioner** $15,000ff
1965] Chapter 239 365
**Other provisions of law notwithstanding the following grades shall
be established:
Bank Examiner I — Grade 18
Bank Examiner II — Grade 24
Bank Examiner III — Grade 29
ffNone of the general funds of the state shall be expended for any
of this appropriation except for the payment of the salary of the com-
missioner.
Note: Other provisions of law notwithstanding, the balance at June
30, 1965 in the small loan and motor vehicle finance and branch banking
accounts shall lapse on July 1, 1965 to unappropriated surplus of the
general fund.
For liquor commission:
Administration:
Salaries of three commissioners $33,000
Other personal services:
Permanent 288,298
Other 7,137
Total $328,435
Current expenses 53,870
Travel:
In state 28,850
Out of state 2,700
Equipment 3,390
Other expenditures:
Oasi and retirement 19,500
Special investigative work 500
Total $437,245
Stores operation:;;};
Personal services:
Permanent++ 1,173,792
Other 175,000
Total 1,348,792
Current expenses 363,750
Travel:
In state 9,875
Equipment 25,500
Other expenditures:
Oasi and retirement 75,472
Total 1,823,389
366 Chapter 239 [1965
Less revenue from
S'^veepstakes commission 246,600
Net appropriation 1,576,789
;|:Two stores in do^vntown Nashua shall be continued in addition to
the ncAv store being constructed.
;|;;|;This appropriation contains funds for a ne^v permanent Retail
Store Clerk for the Whitefield store.
\\\arehouse:
Personal services:*
Permanent $123,339
Other 11,000
Total $134,339
Current expenses 17,835
Other expenditures:
Oasi and retirement 9,961
Total 162,135
*Three ^varehouse watchman positions shall be abolished when
liquor stock is moved from the old warehouse.
Total for liquor commission $2,176,169
Note: The liquor commission shall, after moving to their new ware-
house, transfer control of the old liquor warehouse to the division of
purchase and property. The director of purchase and property shall oper-
ate said ^varehouse on a self-supporting basis by the rental of space to
other state agencies at a rental rate to be set by said director Avith the
approval of the governor and council.
For public utilities commission :-f-
Office of the commission:
Salaries of three commissioners $36,628
Other personal services:
Permanent 129,098
Other 1,475
Total $167,201
Current expenses 19,850
Travel:
In state 5,360
Out of state 2,500
Equipment 1,080
1965] Chapter 239 367
Other expenditures:
Oasi and retirement 8,017
Total for public utilities commission $204,008
fNotwithstanding any other provision of law to the contrary, the
amount of expenses ascertained under the provisions of RSA 363-A:l
(supp) and the assessment thereof provided by RSA 363-A:2 (supp) shall
include all fiscal year expenditures, except the salaries of the commis-
sioners, of the public utilities commission. Other provisions of law not-
withstanding, the balance at July 1, 1965 in restricted revenue accounts
shall lapse to the unappropriated surplus of the general fund.
For racing commission:
Thoroughbred racing:
Salaries of three commissioners $9,000
Other personal services:
Permanent 26,533
Other* 30,475
Total $66,008
Current expenses 4,660
Travel:
In state 3,000
Out of state 2,000
Equipment 500
Total $76,168
Less reimbursement 5,674
Net appropriation $70,494
Harness racing:
Personal services:
Permanent $12,880
Other* 105,751
Total $118,631
Current expenses 3,750
Travel:
In state 11,334
Out of state 400
Equipment 2,119
Total $136,234
Less reimbursement 12,424
368 Chapter 239 [1965
Net appropriation 123,810
Total for racinsf commission $194,304
*Such portion of this amount as constitutes tlie compensation of the
official state steward or associate judge of the state racing commission,
shall be reimbursed to the state by the person, association, or corporation
conducting the race or meet and such reimbursement shall include the
employer's share of oasi taxes.
For s^veepstakes commission:
Salaries of three commissioners $7,476
Salary of executive director 20,769
Other personal services:
Permanent 98,022
Other 57,000
Total $183,267
Current expenses 78,000
Travel:
In state 33,000
Out of state 1,000
Equipment 18,900
Other expenditures:
Oasi, retirement and insurance 10,975
Purse awarded horses 200,000
Net track expense 46,000
Liquor contractf 246,600
Total $817,742
Less transfers from revenue accountff 817,742
Net appropriation
-f-This appropriation shall not be transferred or expended for any
other purpose. The liquor commission shall be reimbursed monthly for
services rendered, at the rate of 4% of the income received from sale of
SAveepstakes tickets in liquor stores.
-f-fTransfers shall be made from the revenue account of the sweep-
stakes commission to cover actual expenditures from appropriated funds.
In addition to the above appropriations, the sweepstakes commission
is authorized to manifest such sums as are necessary to provide for the
10% federal tax, the purchase of federal wagering stamps, and such
amounts as they shall determine for sweepstakes prizes. Such additional
1965] Chapter 239 369
appropriations shall be a charge against revenue from the sale of sweep-
stakes tickets.
Subsidiary records shall be maintained by the sweepstakes commis-
sion which shall reflect proceeds and expenditures applicable to each
sweepstakes race. The resulting net balance remaining from each race
shall be paid out to the school districts of the state as provided by RSA
284:21-j (supp), as amended.
For tax commission:
Office of commissioner:
Salaries of two commissioners 24,180
Salary of secretary 15,241
Other personal services:
Permanent 175,637
Other 31,071
Total 246,129
Current expenses 15,000
Travel:
In state 25,000
Out of state 2,000
Equipment 15,025
Total 303,154
Municipal accounting:
Personal services:
Permanent $90,166
Other 950
Total $91,116
Current expenses 2,000
Travel:
In state 6,600
Out of state 500
Equipment 1,525
Total 101,741
Intangible tax:
Personal services: . •
Permanent $30,639
Other 400
Total $31,039
Current expense 3,100
370
Chapter 239
[1965
Travel:
In state
Out of state
Equipment
Other expenditures:
Oasi and retirement
Blue cross and insurance
Total
Inheritance tax:
Personal services:
Permanent
Other
Total
Current expenses
Travel:
In state
Out of state
Equipment
Total
Tobacco products tax:
Personal services:
Permanent
Other
Total
Current expenses
Travel:
In state
Out of state
Equipment
Other expenditures:
Purchase of tax stamps
Total
600
150
700
2,019
204
$23,535
7,500
$31,035
1,950
100
20
230
40,734
400
41,134
2,525
3,800
900
2,000
48,000t
37,812
33,335
98,359
fThe funds in this appropriation shall not be transferred or ex-
pended for any other purpose, shall not lapse and shall be available for
expenditure for the biennium ending June 30, 1967.
Reimbursements to cities and towns for flood
control purposes, as provided under RSA 122t / 4,000
1965] Chapter 239 371
•fNo part of this appropriation shall be transferred to any other ap-
propriation. If this appropriation shall be insufficient to fulfill the re-
quirements of RSA 122:4 relative to reimbursements to cities and towns,
the tax commission may use so much as may be necessary of the funds
received from the commonweakh of Massachusetts under RSA 487-A:l
(supplement) as reimbursement to the state of New Hampshire under
article V of the Merrimack river valley flood control compact.
Forest conservation aid for purposes provided
under RSA 79 (supp):
Forest conservation aid $54,000*
Special aid for heavily timbered towns 20,500
Total 74,500
*The funds in this appropriation shall not lapse but shall be avail-
able for expenditure in the following year.
Appraisal school for selectmen and assessors 2,000
Taxation of boats:
Other personal services $3,000
Other expenditures 3,000
Total $6,000
Less revenue and balance 6,000
Net appropriation
Total for tax commission $724,901
For civil defense:
Administration :
Personal services:
Permanent $69,372
Current expenses 9,200
Travel:
In state 50
Out of state 250
Equipment 3,230
Other expenditures:
Gilford training center 1,500
Radiological courses and training
at federal schools 200
Merit system 310
Total $84,112
372 Chapter 239 [1965
Field staff:
Travel:
In state $3,500
Out of state 500
Total 4,000
Total for civil defense* $88, 11 2
Less federal reimbursement* 38,859
Less estimated revenue 900
Net appropriation $48,353
*This amount available for expenditure only if federal grants are
available. Any funds in excess of the estimated federal grants shall be
available for such further expenditure as the governor and council shall
approve. Any curtailment of civil defense activities caused by a decrease
in federal grants will be implemented by a proportionate decrease in all
classes of expenditures as recommended by the civil defense director and
approved by the governor and council, including any permanent personal
services formerly covered by federal funds.
For civil air patrol — current expenses $10,500
For employees' retirement system
Personal services:
Permanent
$25,769
Other
5,434
Total
$31,203
Current expenses
1,982
Travel:
In state
473
Equipment
429
Other expenditures:
Normal contributions for general
employees
365,915
Hospitalization
95,000
Group life insurance
40,000
Total
$535,002
Less estimated revenue
36,000
Net appropriation
$499,002
1965] Chapter 239 373
For firemen's retirement system:
Personal services:
Other $3,300
Current expenses 220
Travel:
In state
400
Other expenditures:
Contributions to retirement fund:
Permanent firemen*
104,080
Call firemen*
8,000
Total
$116,000
*This appropriation shall not be transferred or expended for any
other purpose.
Note: Other provisions of law notwithstanding the annual contribu-
tion by call firemen shall be $6.00 per year for the period from July 1,
1965tojmie30, 1966.
For policemen's retirement system:
Personal services:
Other
4,500
Current expenses
240
Travel:
In state
225
Out of state
25
Other expenditures:
Contributions to retirement fund
255,010
Total $260,000
For teachers' retirement system:
Personal services:
Permanent $26,117
Other 4,750
Total $30,867
Current expenses 2,000
Travel:
In state 125
Out of state 350
Equipment 420
374 Chapter 239 [1965
Other expenditures:
Normal contribution 547,553
Total
of department of
public
works and hi
$581,315
3r public Avorks division
ghways:
Personal services:
Permanent
$103,384
Current expenses
20,537
Travel:
In state
5,700
Out of state
85
Equipment
1,950
Other expenditures:
Consultants — temporary.
part time
30,000
Administrative costs to dep;
artment
of pviblic works and hi^
jhways
5,000
Master plans
6,000
Total
$172,656
Less estimated credits
2,000
Net appropriation 170,656
For fish and game department:
Commission:
Current expenses $25
Travel:
In state 700
Total $725
Administration:
Salary of director $13,740
Other personal services:
Permanent 61,378
Other 1,375
Total $76,493
Current expenses 29,000
Travel:
In state 500
Out of state 300
Equipment 200
1965]
Chapter 239 375
Other expenditures:
Employees retirement 36,500
Oasi 31,500
Life insurance and blue cross 5,000
282,850
7,500
290,350
30,000
61,350
500
7,100
38,320
Total $179,493
Conservation officers:
Personal services:
Permanent;|:
Other
Total
Current expensesf
Travel:
In state
Out of state
Equipment
Other expenditures:
Purchase 20 carsff
Total $427,620
:|:The following authorized permanent positions are abolished as of
July 1, 1965:
4 conservation officers
2 conservation officer district chiefs
fNo charge against this appropriation, or any other appropriation
of the fish and game department, shall be made for telephone service for
conservation officers, except for toll service.
ffThis appropriation for 20 state cars shall not be transferred or ex-
pended for any other purpose.
Damage:
Personal services:
Permanent $7,459
Other 1,800
Total $9,259
Current expenses 4,450
Travel:
In state 400
Equipment 200
Other expenditures:
Grants 4,000
Total 18,309
376 Chapter 239 [1965
Education:
Personal services:
Permanent $25,301
Other 500
Current expenses 11,750
Travel:
In state 1.750
Out of state 175
Other expenditures:
Showsf I'SOO
Total 40,976
f Not to be transferred or expended for any other purpose.
Propagation of fish:
Personal services:
Permanentft $300,116
Other 1,500
Total $301,616
Current expenses 94,000
Travel:
In state 7,000
Out of state 150
Equipment 13,875
Other expenditures:
U.N.H. contract 2,000
Total 418,641
ffThe following permanent positions are abolished as of July 1,
1965:
2 Laborers
1 Fish Culturist I
Propagation of game:
Personal services:
Permanent $21,368
Other 875
Total $22,243
Current expenses 15,880
Travel:
In state 175
Equipment 1,580
Total 39,878
65] Chapter 239
Management and research:
Personal services:
Permanentff
$155,689
Other
1,500
Total
$157,189
Current expenses
28,500
Travel:
In state
5,775
Out of state
750
Equipment
10,900
Other expenditures:
U.N.H. contract
4,500
377
Total 207,614
ffThe following permanent positions are abolished as of July 1,
1965:
1 Biologist II
1 Biologist I
A new permanent position of Marine biologist is established effective
July 1, 1965.
Maintenance and construction:
Personal services:
Permanent! $71,805
Other 7,000
Total $78,805
Current expenses 30,000
Travel:
In state 3,000
Equipment 6,200
Other expenditures:
Dams and land acquisition 100
Purchase Adams property 5,000
Total 123,105
fThe following authorized permanent positions are abolished as of
July 1 ,1965:
1 Civil engineer II
1 Trades helper
Total for fish and game department $1,456,361
378 Chapter 239 [1965
Less revenue and balance 1,456,361
Net appropriation
In addition to the above appropriations any excess over the esti-
mated revenue and balance may be expended by the fish and game com-
mission ^v'ith the prior approval of the governor and council. Appropria-
tions for equipment shall not be transferred or expended for any other
purpose.
For lobster, clam and oyster enforcement if
Transfer to fish and game department $17,865
Less revenue and balance 17,865
Net appropriation
■[•Notwithstanding any other provision of law to the contrary, all reve-
nue and fines received from licenses issued for the taking of lobsters,
clams and oysters shall be kept in a special account. Any expenditure or
transfer from said special account shall be subject to budgetary limita-
tions.
For public works and highways:
Administration:
Salary of commissioner 18,620
Salary of deputy commissioner 16,800
Salary of assistant commissioner 16,620
Other personal services:
Permanent 309,355
Other 4,300
Total 365,695
Current expenses 107,785
Travel:
In state 500
Out of state 3,500
Equipment 3,900
Total $481,380
Engineering:
Personal services:
Permanent $3,387,370
Other 882,065
Total $4,269,435
1965] Chapter 239 379
Current expenses 179,306
Travel:
In state 225,924
Out of state 4,000
Equipment 19,176
Total 4,697,841
Materials and research:
Personal services:
Permanent $309,173
Other 18,000
Total $327,173
Current expenses 32,940
Travel:
In state 44,510
Out of state 500
Equipment 2,500
Total 407,623
Mechanical:
Personal services:
Permanent $432,748
Other 9,700
Total $442,448
Current expenses 781,462
Travel:
In state 3,680
Out of state 320
Equipment 416,835
Total 1,644,745
Planning and economics:
Personal services:
Permanent $286,414
Other 20,315
Total $306,729
Current expenses 19,135
Travel:
In state 5,705
Out of state 795
Equipment 10,890
Total 343,254
380 Chapter 239 [1965
Road maintenance:
Personal services:
Permanent $3,375,587
Other 350,000
Total $3,725,587
Current expenses 5,300,000
Travel:
Instate 115,000
Equipment 129,969
Total 9,270,556
Bridsfe maintenance:
Personal services:
Permanent $307,767
Other 25,000
Total $332,767
Current expenses 190,000
Travel:
In state 50,000
Equipment 15,000
Total 587,767
Traffic (highway marking and roadside development):
Personal services:
Permanent $289,091
Other 26,135
Total $315,226
Current expenses 317,106
Travel:
In state 59,328
Out of state 393
Equipment 4,615
Total 696,668
Legislative specials:
Retirement $300,000
Oasi 317,000
Maintenance class V highways 200,500
Claims 750
Roads to public waters 10,000
Accidents and compensation 42,000
Special retirement 2,064
1965] Chapter 239 381
Blue cross and insurance 50,000
Attorney general — for legal services 61,123
Safety department — for commissioner,
division of motor vehicles, state
police and safety services 2,282,705
State treasury — for services 23,032
Water resources — for stream flow gauging 10,000
Total 3,299,174
Debt service 4,081,100
Land and buildings 462,066
Construction and reconstruction:
Matching fluids (federal aid):
Interstate $13,108,000
Primary 4,761,000
Secondary 3,174,000
Urban 992,000
Total — matching fundsf 22,035,000
f No transfers shall be made from this appropriation.
State funds:
Trunk line reconstruction $100,000
State aid reconstruction 80,000
State aid construction 100,000
Town road aid 1,350,000
Betterments 1,250,000
State aid bridge construction 150,000
Town road bridge 75,000
Damage 100,000
Total 3,205,000
Total for public works and highways $51,212,174
Less estimated revenue and balance:
Available from estimated lapses and balance $2,522,876
Gasoline road toll (net) 17,151,700
Motor vehicle fees gross 9,855,000
Mechanical division (garage) 1,425,000
Federal aid funds (net) 16,691,548
Other revenue 316,050
Funds from issuance of bonds 3,250,000
Total 51,212,174
Net appropriation
382 Chapter 239 [1965
For eastern New Hampshire turnpike:
Blue Star memorial highway (Seabrook-Portsmouth toll road):
Operating:
Personal services:
Permanent 110,684
Other 23,830
Total 134,514
Current expenses 95,147
Travel:
In state 1,500
Equipment 2,675
Total 233,836
Maintenance:
Personal services:
Permanent
62,981
Other
4,550
Total
67,531
Current expenses
69,501
Travel:
In state
1,200
Equipment
6,530
Total
144,762
Debt service:
Bonds maturing
300,000
Interest on bonds
61,600
Total
361,600
Total for bkie star memorial highway
740,198
Spaulding turnpike:
Operating:
Personal services:
Permanent
89,621
Other
13,656
Total
103,277
Current expenses
91,752
Travel:
In state
1,500
1965]
Chapter 239
383
Equipment
3,100
Total
199,629
Maintenance:
Personal services:
Permanent
64,625
Other
6,092
Total
70,717
Current expenses
Travel:
63,644
In state
1,500
Equipment
6,870
Total
142,731
Debt service:
Bonds maturing
340,000
Interest on bonds
ng turnpike
Hampshire turnpike*
e
283,025
Total
623,025
Total for spauldi
Total for eastern New
Less estimated revenui
965,385
1,705,583
1,705,583
Net total
*Expenditures for fiscal 1966 shall not exceed actual revenue.
Note: The commissioner of public works and highways, subject to
prior approval by the governor and council, shall adjust toll charges on
the eastern N. H. turnpike to cover debt service payments resulting from
the $3,000,000 bond authorization for an eastern turnpike bridge as au-
thorized by chapter 223, laws 1963.
For central New Hampshire turnpike:
Operating:
Personal services:
Permanent 120,040
Other 18,459
Total 138,499
Current expenses 149,444
Travel:
In state 2,200
384 Chapter 239 [1965
Equipment 2,385
Total 292,528
Maintenance:
Personal services:
Permanent 127,734
Other 6,000
Total 133,734
Current expenses 123,454
Travel:
In state 3,000
Equipment 16,680
Total 276,868
Debt service:
Bonds maturing 565,000
Interest on bonds 353,550
Total 918,550
Total for central New Hampshire turnpike* 1,487,946
Less estimated revenue 1,487,946
Net appropriation
*Expenditures for fiscal 1966 shall not exceed actual reventie.
Total net appropriation for the fiscal year
ending June 30, 1966 $44,0 1 8, 1 05
239:2 Out of state travel. Notwithstanding any other provision of
la^v, no transfers shall be made to or from any out of state travel appro-
priation authorized by section 1. The state treasurer and the state comp-
troller shall maintain separate appropriation accounts for out of state
travel as appropriated in section 1.
239:3 Equipment. The individual appropriations provided for
equipment in section 1 hereof shall not be transferred or expended for
any other purpose.
239:4 Procedure for collections from banking institutions. The
bank commissioner in making the collections for the cost of examination
and supervision from the institutions, the condition and management of
which he is required to examine and supervise under RSA 383:9 shall
follow the following procedure:
1965] Chapter 239 385
I. The bank commissioner shall collect from each institution as the
cost of examination a per diem salary charge computed as the average
daily rate of all examining personnel for the number of man days de-
voted to the examination of each institution. No institution shall pay
less than one per diem. Each institution shall pay its cost of examination
to the state within thirty days after receipt by it of notice of such cost.
II. The balance of the sum to be collected by the bank commissioner
remaining after crediting the amounts collected under paragraph I shall
be collected in the following manner: Each institution required to be
examined under the provisions of RSA 383:9 shall pay to the state within
thirty days after receipt by it of notice of assessment such proportion of
said balance so collectible as its assets bear to the total assets of all such
institutions as shown by their reports to the bank commissioner as of the
thirtieth day of June preceding such payments.
239:5 Bond issue authorized. To provide funds for the purpose of
construction and reconstruction of highways, the state treasurer is hereby
authorized, under the direction of the governor and council, to borrow
upon the credit of the state in a sum not exceeding three million two
hundred fifty thousand dollars, and for that purpose may issue bonds
or notes in the name and on behalf of the state. Such bonds shall be
deemed a pledge of the faith and credit of the state. The interest and
principal due on bonds or notes issued under this act shall be paid from
motor vehicle road tolls as provided in RSA 265:6. Monies received from
the bond issue are to be expended under the direction of the commis-
sioner of public works and highways.
239:6 Form; proceeds of sale. The governor and council shall de-
termine the form of such bonds or notes, their rate of interest, the dates
when interest shall be paid, the dates of maturity, the places where prin-
cipal and interest shall be paid and the time or times of issue. Such bonds
or notes shall be signed by the state treasurer and countersigned by the
governor. The state treasurer may sell such bonds or notes under the
direction of the governor and council. The governor is authorized to draw
his warrants for the sum hereinbefore appropriated for the purposes of
this act out of the proceeds of the sale of said bonds or notes.
239:7 Accounts. The secretary of state shall keep an account of all
such bonds or notes showing the number and amount of each, the time
of countersigning, the time when payable, and the date of delivery to the
state treasurer. The state treasurer shall keep an account of each bond
or note showing the number and amount thereof, the name of the person
to whom sold, the amount received for the same, the date of sale, and the
time when payable.
239:8 Short term notes. Prior to the issuance of the bonds hereun-
der, and in anticipation of the collection of revenue hereunder, the state
386 Chapter 239 [1965
treasurer, under the direction of the governor and council, may for the
purpose hereof borro^v money from time to time on short term notes, to
be refunded by the issuance of the bonds hereunder. Provided, however,
that at no time shall the indebtedness of the state on such short-term notes
exceed the sum of three million two hundred fifty thousand dollars.
239:9 Continuing appropriation. The monies provided in section 5
hereof shall be a continuing appropriation and shall not lapse.
239:10 Maintenance prohibited. Amend RSA 99 by inserting after
section 2 the following new section: 99:2-a Maintenance for classified
employees. No classified employee shall receive any maintenance or pay-
ment in lieu thereof from the state, provided however that if quarters are
available at any state institution or on any state property the department
head thereof may assign to a classified employee such quarters, furnished
or unfurnished, including only any or all of the following utilities: heat,
fuel, gas, electricity and water, and provided further that a department
head of a state agency which serves prepared meals may permit any classi-
fied employee to purchase such meals. Such employee shall reimburse
the state for such quarters or meals at a rate to be determined by the per-
sonnel commission.
239:11 Personnel commission required to consider requirement of
on premise living. Amend RSA 98:8 as amended by 1957, 274:3 by in-
serting after paragraph VII the foUo^ving new paragraph: VIII The
personnel commission is hereby authorized and instructed to take into
consideration in classifying positions in the classified service the require-
ment that as a condition of employment the employee must live on the
premises at the place of employment.
239:12 Persoruiel commission to review. The personnel commis-
sion is hereby directed to immediately review the classification of all
employees in positions in the classified service who prior to the effective
date of this act were receiving maintenance of any sort and to reclassify
such employees if necessary so that none shall suffer a monetary loss be-
cause of the prohibition against receiving maintenance as provided by
section 10 of this act.
239:13 Disposition of moneys. Amend RSA 6:11 by striking out in
line five the words "the same" and inserting in place thereof the follo^ving,
the full amount of all said moneys intact; further amend said section by
striking out in line six the word "monthly" and inserting in place thereof
the word, weekly, so that said section as amended shall read as follows:
6:11 Payments to treasurer. All state departments and institutions, ex-
cept the New Hampshire College of Agriculture and the Mechanic Arts
and the University of New Hampshire, and the building projects revolv-
ing fund of the state board of education, receiving money for the state
from sources outside of the state treasury, shall pay the full amount of
1965]
Chapter 239 387
all said moneys intact into the state treasury weekly, or as much oftener
as the governor and council shall direct, with a full and detailed state-
ment thereof, including the date of and the source from which the same
was received and the consideration therefor. Such accounts shall be stated
by properly classified totals in all reports.
239:14 Application of moneys. Amend RSA 6:12 by inserting in
line three after the word "exceptions" the following, moneys received by
the state sweepstakes commission which shall be credited to the sweep-
stakes special fund, so that said section as amended shall read as follows:
6:12 Application of receipts. Moneys received by the state treasurer, as
provided in the preceding section, shall be available for general revenue
of the state with the following exceptions: Moneys received by the state
sweepstakes commission which shall be credited to the sweepstakes special
fund; moneys received by the fish and game department, which shall be
credited to the fish and game fund; fees and fines from the motor vehicle
department, which, after deducting the amount allowed by the legisla-
ture for maintaining said department and one hundred and fifty thousand
dollars annually for maintaining in part the department of state police,
shall be credited to the highway department for maintenance of high-
ways; fines and costs from the department of state police which shall be
credited to the highway department for maintenance of highways; reve-
nues from fees, rentals and the sale of products from lands under the
jurisdiction of the forestry and recreation commission which shall be
credited as provided for in RSA chapter 219; moneys received by the
division of milk control in the department of agriculture, which shall be
credited to the milk control fund; all moneys, fees and fines and sales in-
cluded within the weights and measures fund established by RSA 359:22,
and the fees collected by the public utilities commission of railroads and
public utilities for money paid out by the commission to experts and as-
sistants not in its regular employ, which fees shall be appropriated to
reimburse the state for money so paid out. The full amount allowed for
the maintenance of each institution and department shall be appropri-
ated by each legislature for the biennial period next following, and the
money derived from the sale of farm and minor industrial products of
institutions shall be credited to the appropriation for the institution from
which derived.
239:15 Disposition of sweepstakes moneys. Amend RSA 284:2 1-j
(supp) as inserted by 1963, 52:1 by striking out said section and inserting
in place thereof the following: 284:21-j Establishment. The state treas-
urer shall credit all moneys received from the sweepstakes commission,
and interest received on such moneys, to a special fund from which he
shall pay all expenses of the commission incident to the administration
of this subdivision and shall pay out on December 15 of each year to the
school districts of the state on a flat grant per resident pupil basis any
388 Chapter 239 [1965
balance in said special fund. Such grants shall be used for educational
purposes and no part of said special fund shall be diverted by transfer
or otherwise to any other purpose whatsoever.
239:16 Travel and expenses on legislative business. Amend RSA
14-A by inserting after section 2 (supp) as inserted by 1965, 32:1 the fol-
lowing new section: 14-A:3 Travel and expenses when on legislative
business. A member of the general court when engaged in official busi-
ness on behalf of or in his official capacity as a member of the legislature
and whether or not the legislature is then in session, shall be reimbursed
for all travel and all expenses incident to such business at the same rates
as ^TOuld be allowed a state employee having his headquarters in the city
or to^\n of the residence of such member, provided that such travel be
authorized by the president of the senate, with the approval of the chair-
man of the senate finance committee, or by the speaker of the house with
the approval of the chairman of the house appropriations committee,
and provided further that he shall not be reimbursed for any travel or ex-
penses other than his statutory mileage for such business at Concord on a
day when there is a meeting of the general court.
239:17 Expenses of the general court. Amend RSA 14 by inserting
after section 27:a (supp) as inserted by 1963, 73:1 the following new sec-
tion: 14:27-b Expenses of the general court during interim. During the
period ^vhen the legislature is not in session no expenditure shall be
charged against the appropriation for the expenses of the legislature, ex-
clusive of the appropriations included therein for the office of the legis-
lative budget assistant to the appropriations and finance committees,
office of research analyst to the senate finance committee, and the office of
the director of legislative services, without the approvals of the president
of the senate and the chairman of the senate finance committee, or with-
out the approvals of the speaker of the house and the chairman of the
house appropriations committee. In the event of a vacancy in the office
of the chairman of either of said committees, the vice chairman of said
committee shall exercise the authority herein conferred on the chairman.
Authority is also granted hereby to the president of the senate with the
approval of the chairman of the senate finance committee, or the speaker
of the house with the approval of the chairman of the house appropria-
tions committee to purchase supplies and to cause payment of expenses
incidental to the operation and business of the legislature while the legis-
lature is in recess, such purchasing or payments shall be a charge upon
the legislative appropriation, except such expenses as are otherwise spe-
cifically by law provided for. In the event of a vacancy in the office of
president of the senate or of speaker of the house during the recess of the
legislature, the chairman of the senate finance committee or the chair-
man of the house appropriations committee respectively shall have and
exercise the authority conferred upon the president and the speaker by
this section.
1965] Chapter 239 389
239:18 Purchases. Amend RSA 8:20 by striking out in lines four
and five the words "secretary of state" and inserting in place thereof the
words, director of legislative services, so that said section as amended shall
read as follows: 8:20 Purchase of legislative supplies. Purchases of legis-
lative supplies, including printing, shall be made only by the director of
purchase and property on requisition by the clerk of one of the legisla-
tive bodies or the director of legislative services. All supplies unused at
the end of the session shall be delivered into the custody of the director
of legislative services for future legislatures.
239:19 Fiscal committee established. Amend RSA by inserting after
14:30 the following new section: 14:30-a Committee. There is hereby
established a fiscal committee of the general court. Said committee shall
consist of eight members, five shall be members of the house appropria-
tions committee, the chairman of which shall be one of said members and
the other four shall be appointed by said chairman, three shall be mem-
bers of the senate finance committee, the chairman of which shall be one
of said members and the other two shall be appointed by said chairman.
Said committee shall while the general court is in session and during the
interim consult with, assist, advise, and supervise the work of the legisla-
tive budget assistant, and may at its discretion investigate and consider
any matter relative to the appropriations, expenditures, finances, reve-
nues or any of the fiscal matters of the state. The members shall be paid
the regular legislative mileage during the interim while engaged in their
work as members of said committee.
239:20 Oasi contributions. Appropriations for oasi contributions
provided in section 1 shall not be transferred or expended for any other
purpose. Additional funds required for oasi contributions above those
appropriated in section 1 shall be a charge against unappropriated sur-
plus of the applicable fund when required for general, highway or fish
and game funds and against revenue for the various federal or special
funds.
239:21 State emjjloyees retirement contributions. Appropriations
for state employees retirement contributions provided in section 1 shall
not be transferred or expended for any other purpose. Additional funds
required for state employees retirement contributions above those appro-
priated in section 1 shall be a charge against unappropriated surplus of
the applicable fund when required for general, highway or fish and game
funds and against revenue for the various federal or special funds.
239:22 Other provisions of law notwithstanding, additional funds,
above those provided in section 1 hereof, required for salary increases for
permanent classified employees, as provided in chapter 73, Laws of 1965,
shall be a charge against the applicable salary adjustment fund when re-
quired for general, highway or fish and game fund and against revenue
for the various federal or special funds.
390 Chapter 239 [1965
239:23 Sweepstakes Commission Funds. Notwithstanding any pro-
vision of laAv to the contrary, in order to allow the s^veepstakes commis-
sion to efficiently handle its funds, the commission shall deposit all funds
received by it in commercial banks throughout the state in not more than
as many different accounts as there are outlets for the sale of tickets. The
commission may maintain a balance of $20,000 in one of said accounts and
$10,000 in all others. All funds in said accounts in excess of said balances
shall be transferred ^veekly to a special s^veepstakes bank account in the
Merchants National Bank of Manchester in which there shall be main-
tained a minimum balance of $100,000, as soon as said amount is avail-
able from current sales of tickets. All sums in excess of said minimum
of $100,000 in said special account shall be remitted weekly to the state
treasury for credit to the sweepstakes special fund. Provided however,
that on or before December 15 of each year all minimum balances shall
be paid into the state treasurer.
239:24 Interim employment. In addition to any sum hereinabove
appropriated for the office of the secretary of state there is hereby appro-
priated $6,500 for the employment of Benjamin F. Greer, clerk of the
senate during the period from July 1, 1965 to June 30, 1966 at the rate
of $250 bi-weekly. The services of said Benjamin F. Greer shall be avail-
able to interim legislative committees and to the secretary of state's de-
partment. The sum hereby appropriated shall be a charge on the legis-
lative appropriation.
239:25 Stenographic Overtime. Employees of the secretary of state's
office shall be reimbursed for overtime work performed on legislative
matters for the 1965 session of the general court at the rate of three dollars
and fifty cents per hour, payments of such overtime shall be a charge on
the legislative appropriation.
239:26 Room Assignment. Other provisions of la^v notwithstanding,
all rooms on the third floor of the state house shall be assigned for use by
the President of the Senate and the Speaker of the House.
239:27 Rental or Purchase of Automatic Data Processing Equip-
ment. All contracts for the purchase or rental of automatic data process-
ing equipment in force on the effective date of this act and all contracts
for such purchase or rental let prior to June 30, 1966 shall terminate and
end on that date. Effective for the fiscal year ending June 30, 1967, the
expenditure of funds for the procurement of all automatic data process-
ing equipment shall be accomplished by competitive bid through the
division of purchase and property. All state agencies contemplating the
use of such equipment shall co-operate with the director of purchase and
property and furnish such information as is necessary to establish ade-
quate performance specifications. The director shall establish rules of
procedure, and hire necessary consultant services for advice in drawing
1965] Chapter 239 391
specifications and recommending contract awards. The governor and
council siiall approve all contracts for the procurement of automatic data
processing equipment in accordance with the provisions of this section.
The director of purchase and property is hereby directed to file with the
office of the legislative budget assistant a copy of all records including
but not being limited to requests for bids, performance specifications,
rules, letters of advice and recommendations received by him pursuant
to the provisions of this section.
239:28 Capital Budget Study and Report. The president of the sen-
ate and the speaker of the house are hereby authorized to each appoint
one knowledgeable person having experience and background in finance
and business and such two appointees are hereby autliorized and directed
to make a continuing study during the interim of the manner in which
the capital budget is carried out and executed and they shall prior to the
convening of the 1967 session of the general court make a report of their
findings and recommendations to said general court in order that it may
make any provisions in any future capital budget so that the intentions
of the general court shall be clearly expressed and carried out. Each such
appointee shall be paid a per diem, at a rate to be set by the president
and speaker, and his actual expenses while engaged in his duties pursuant
to this section, both of which shall be a charge against the legislative ap-
propriation.
239:29 New positions. Notwithstanding any other provision of law,
during the fiscal year ending June 30, 1966, no new position, or positions,
whether classified or unclassified, shall be established except as herein-
after provided, and if any position or positions are so established the per-
son or persons employed in such position or positions shall be paid as
hereinafter provided: (1) Upon a finding by the governor and council
that a bona fide emergency exists they may establish a new position pro-
vided, however, that the funds for the salary of the person or persons em-
ployed to fill such new positions shall be transferred from the emergency
fund (2) A new position or positions may be established under other ex-
isting statutes provided that no less than fifty percent of the salary of the
person or persons employed to fill such new position or positions is re-
imbursable by federal or other special funds, and if such new position
or positions are established the state's share of said salary shall be a charge
against the salary adjustment fund.
239:30 Increases to Temporary and Seasonal Personnel. While no
additional monies were appropriated for salary increases to temporary and
seasonal personnel, appointing authorities are authorized to give the
same amounts of increases to such personnel as provided permanent classi-
fied employees from within amounts available for other personal services,
provided however, that such increases will not curtail departmental op-
erations.
392 Chapter 240 [1965
239:31 Salai-y Adjustments. Upon request of the appointing author-
ity, the governor and council is hereby authorized and empo^vered, not-
^vithstanding any other provision of law to the contrary, upon a finding
by them that it is in the best interests of the state and is necessary in order
to recruit qualified personnel to increase the salaries of the following listed
and identified positions, and all such increases granted shall be a charge
against the salary adjustment fund: assistant superintendent New Hamp-
shire Hospital, directors of clinical services, director of clinical and surgi-
cal services, director of division of mental health, director of division of
public health services, director of outpatient services, director of psy-
chiatric education and research, senior psychiatrists, superintendent New
Hampshire Hospital, and superintendent of state sanatorium; all classi-
fied positions that, in the best interests of the state, require they be filled
by a person certified or eligible to be certified by the American Board of
Neurology and Psychiatry or by a diplomate or person eligible to be a
diplomate of the American Psychological Association or by a person reg-
istered and licensed or eligible to be registered and licensed to practice
medicine in this state or by a person licensed or eligible for licensure to
practice dentistry in this state. In the event the authority hereby granted
is exercised to increase the salary for any such classified position in order
to recruit personnel, the salary of all classified personnel in the same
classification shall be increased pursuant to this section to the same
amount. Notwithstanding any other provisions of law to the contrary, no
classified employee of the state shall be paid a higher salary than the
highest salary range provided for by RSA 99, as amended, except as pro-
vided for by this section.
239:32 Takes Effect. This act shall take effect July 1, 1965.
[Approved July 1, 1965.]
[Effective date July 1, 1965.]
CHAPTER 240.
AN ACT RELATING TO FEES FOR REGISTRATION OF MOTOR VEHICLES, MOTOR
CYCLES, AGRICULTURAL VEHICLES AND INSPECTION STATIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
240:1 Motor Cycle Registration. Amend paragraph I of RSA 262:1
by striking out the words "five dollars" and inserting in their place the
words, ten dollars, so that the paragraph is amended to read as follows:
I. For every motor cycle, ten dollars.
240:2 Motor Vehicles Registration. Amend paragraph III of RSA
262:1 by striking out all after the words "vehicle and load" and inserting
in its place the following: All such vehicles and load not exceeding thirty-
1965] Chapter 240 393
five hundred pounds, fifteen dollars; exceeding thirty-five hundred and
not exceeding forty-two hundred pounds, twenty dollars; exceeding forty-
two hundred and not exceeding five thousand pounds, twenty-five dollars;
exceeding five thousand and not exceeding six thousand pounds, thirty
dollars; exceeding six thousand and not exceeding eight thousand pounds,
fifty cents per hundred pounds; exceeding eight thousand pounds, sixty
cents per hundred pounds, so that the paragraph is amended to read as
follows: III. For every motor vehicle of the pleasure-car type not used
commercially, the following rates based on the gross weight of the vehicle
and load: All such vehicles and load not exceeding thirty-five hundred
pounds, fifteen dollars; exceeding thirty-five hundred and not exceeding
forty-two hundred pounds, twenty dollars; exceeding forty-two hundred
and not exceeding five thousand pounds, twenty-five dollars; exceeding
five thousand and not exceeding six thousand pounds, thirty dollars; ex-
ceeding six thousand and not exceeding eight thousand pounds, fifty
cents per hundred pounds; exceeding eight thousand pounds, sixty cents
per hundred pounds.
240:3 Trailer Fees. Amend paragraph IV of RSA 262:1 by striking
out the paragraph and inserting in its place the following: IV. For each
motor vehicle, farm truck or tractor, including trailers and semi-trailers
equipped with pneumatic tires, except motor cycles and motor cycle side-
cars, and except as provided in paragraphs III and V, the following rates
based on the gross weight of the vehicle and load: All vehicles and load,
except trailers, not exceeding thirty-five hundred pounds, fifteen dollars;
exceeding thirty-five hundred and not exceeding forty-two hundred
pounds, t^venty dollars; exceeding forty-two hundred and not exceeding
five thousand pounds, twenty-five dollars; exceeding five thousand and
not exceeding six thousand pounds, thirty dollars; exceeding six thou-
sand pounds and not exceeding eight thousand pounds, fifty cents per
hundred pounds; exceeding eight thousand pounds, sixty cents per hun-
dred pounds. For all trailers based on the gross weight of the trailer and
load: not exceeding five hundred pounds, two dollars; exceeding five
hundred and not exceeding one thousand pounds, four dollars; exceeding
one thousand and not exceeding fifteen hundred pounds, five dollars;
exceeding fifteen hundred and not exceeding three thousand pounds, ten
dollars; exceeding three thousand and not exceeding forty-five hundred
pounds, fifteen dollars; exceeding forty-five hundred and not exceeding
six thousand pounds, twenty-five dollars; exceeding six thousand pounds
and not exceeding eight thousand pounds, fifty cents per hundred pounds;
exceeding eight thousand pounds, sixty cents per hundred pounds. For
all vehicles including trailers equipped -^vith hard rubber tires the sum
of twenty cents per hundred pounds shall be added to the above rates.
For all vehicles including trailers equipped with iron, steel or other hard
tires the sum of forty cents per hundred pounds shall be added to the
above rates; provided that the minimum fee as provided herein shall be
394 Chapter 240 [1965
fifteen dollars for all passenger vehicles and trucks. Equipment mounted
on trucks of Tvhich the equipment is an integral part of the unit shall be
registered at one-third of the above rates. Cement mixers, saw rigs and
air-compressors towed by motor vehicles shall pay a fee of five dollars ex-
cept Tvhen to^v^ed exclusively within the limits of a single city or town, in
"\vhich case no fees for registration shall be collected. In the registration
of any tractor to be used in combination with a semi-trailer, the gross
weight shall include the weight of such tractor, the weight of the heaviest
semi-trailer to be used therewith, and the weight of the maximum load
to be carried thereby, and separate registration certificates and plates shall
be provided for the tractor and the semi-trailer. For the registration of
each additional or extra semi-trailer the fee shall be twenty-five dollars.
240:4 Operators. Amend paragraph I of RSA 262:11 by striking out
the paragraph and inserting in its place the following: I. For each op-
erator's original license and examination ten dollars, and for each com-
mercial operator's original license and examination, ten dollars. From
every ten dollar fee collected for each original operator's and each orig-
inal commercial operator's license issued, five dollars shall be credited to
the driver training fund established by 262: 1-a. For all subsequent re-
ne^vals of operator's and commercial operator's licenses, five dollars.
240:5 Motor Cycle Operators. Amend paragraph II of RSA 262:11
by striking out said paragraph and inserting in its place the following:
II. For each motor cycle operator's original license, ten dollars, and for
all subsequent rene^vals, five dollars.
240:6 Inspection Station Fee. Amend RSA 260:14 by adding at the
end of the section the following sentence. The annual fee to be paid by
the inspection station upon authorization as set forth herein shall be
fifteen dollars, and shall not be refundable, so that the section is amended
to read as follows: 260:14 Inspection Authorized. The director may
require the inspection of any motor vehicle, trailer, or semi-trailer to de-
termine whether it is safe and fit to be operated. Such inspection shall be
made at such times and in such manner as the director may specify; pro-
vided, ho^vever, that newly registered vehicles and vehicles the o'lvnership
of which has been transferred may be operated for a period of ten days
before inspection. The director may authorize properly qualified persons
to make inspections, without expense to the state, at stations designated
by him, and may at any time revoke such authorization or designation.
The annual fee to be paid by the inspection station upon authorization
as set forth herein shall be fifteen dollars, and shall not be refundable.
240:7 Inspection Stickers. Amend RSA 260:15 by striking out the
words "five cents" where they appear and inserting in their place the
words ten cents, so that the section is amended to read as follo^vs: 260:15
— Fee. The fee for inspection stickers shall be ten cents for each sticker
1965] Chapter 241 395
furnished an approved inspection station. All unused stickers returned by
the approved inspection station to the division of motor vehicles shall be
refundable at the rate of ten cents each.
240:8 Effective Date. Sections 4, 5 and 7 of this act shall take effect
September 1, 1965. All other sections of this act take effect April 1, 1966.
[Approved July 2, 1965.]
[Effective date:
Sections 4, 5 and 7 effective September 1, 1965
Remainder of Act effective April 1, 1966.]
CHAPTER 241.
AN ACT TO PROVIDE FOR REGULATION OF PASSENGER TRAMWAYS AND
SKIING AREAS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
241:1 Passenger Tramways. Amend RSA 225-A:2, as inserted by
1957, 254:1 and amended by 1963, 53:1, by inserting the following new
paragraph:
VI. The phrase "skier" shall be deemed to include the following:
(a) A person utilizing the ski area under control of the operator for the
purpose of skiing ^s^hether or not he is utilizing a passenger tramway, (b)
A person utilizing the passenger tramway ^vhether or not that person
is a skier, including riders on a passenger tram^vay operating during the
non-skiing season.
241:2 New Sections. Amend RSA 225-A, as inserted by 1957, 254:1,
by inserting the following new sections:
225-A:24 Duties of the Operator. It shall be the duty of the operator
to maintain the following signs and designations:
I. Base Stations.
A. Designations: A color code is hereby established in accordance
with the following:
(a) Green: In area's easiest trails and slopes.
(b) Blue: In area's most difficult trails and slopes.
(c) Yellow: In area's trails and slopes which fall between the green
and blue designation.
A trail board shall be maintained at a prominent location at each
area listing that area's network of ski trails and slopes in accordance with
the aforementioned color code and containing a key to the code in accord-
ance with the above designations; said trail board shall further designate
396 Chapter 241 [1965
which ski trails and slopes are open and their condition. This paragraph
shall become effective December 1, 1966.
II. Trails or Slopes.
A. If a particular trail or slope has been closed to the public by an
operator, it shall be the duty of the operator to place a notice thereof at
the top of the trail or slope involved; no person shall ski on a slope or
trail which has been designated "Closed."
B. In the event that maintenance men or equipment are being em-
ployed upon any trail or slope during the hours at which said trail or
slope is open to the public, it shall be the duty of the operator to place
a notice thereof at or near the top of the trail or slope involved.
225-A:25 Duties of the Skier. It shall be the duty of each skier to
conduct himself within the limitation of his individual ability, and to do
no act or thing which can contribute to the injury of himself or others.
No skier shall:
I. Embark or disembark upon a passenger tramway except at a
designated area.
II. While riding in a two-car or multi-car passenger tramway, chair-
lift or ski mobile or other similar device throw or expel therefrom any
object, nor while riding on said tramway shall the skier do any act or
thing which shall interfere with the running of said tramway.
III. While going uphill in a passenger tramway AvilfuUy engage in
any type of conduct which will contribiue to cause injury to any other
person nor shall he wilfully place any object in the uphill ski track which
will cause another to fall. The skier shall be the sole judge of his ability
to negotiate any uphill track, and no action shall be maintainable against
any operator by reason of the condition of said track, unless the board,
upon appropriate evidence furnished to it, makes a finding that the con-
dition of the track, at the time and place of an accident, did not meet
the board's requirement.
IV. It shall be the duty of each skier to maintain control of speed
and course at all times. Except at locations approved by the board, no
skier shall cross the uphill track of a J-bar, T-bar, rope tow or other sim-
ilar device. The responsibility for collision by a downhill skier in such
instance with any person or object shall be solely that of the do^vnhill
skier.
V. Any skier who boards a rope tow, J-bar, T-bar, platter-pull, chair-
lift, or other similar device shall be presumed to have sufficient skiing
abilities to negotiate the lift, and no liability shall attach to any operator
or attendant for failure to instruct the skier on the use thereof.
225-A:26 Limitations. I. Unless an operator is in violation of this
chapter or the regulations of the board, which violation is causal of the
1965] Chapter 242 397
injury complained of, no action shall lie against any operator by any
skier or representative thereof; this prohibition shall not, however, pre-
vent the maintenance of an action against an operator for negligent con-
struction or maintenance of the passenger tramway itself or any building
within the area. The venue of any action by a skier against an operator
shall be the county wherein the passenger tramway base station is located
and not otherwise. Each operator shall maintain liability insurance with
limits of not less than ten thousand dollars for each injury.
11. No action shall be maintained against any operator for injuries
to any skier unless the same is commenced within one year of the time
of injury provided, however, that as a condition precedent thereof the
operator shall be notified by registered or certified mail within sixty days
of said injury as to the alleged violation of this chapter. The condition
precedent shall not apply to any such action which shall have accrued
prior to September 30, 1965.
241:3 Repeal. RSA 508 :4-a is hereby repealed.
241:4 Takes Effect. This act shall take effect sixty days after passage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 242.
AN ACT TO SUSPEND THE LICENSE OF A MINOR POSSESSING OR DRINKING
INTOXICATING LIQUOR OR BEVERAGES WHILE DRIVING A MOTOR VEHICLE.
Be it Enacted by the Seriate and House of Representatives in General
Court convened:
242:1 Motor Vehicle Operation by Minors. Amend RSA 262:40-a
(supp) as inserted by 1959, 216:1 by striking out said section and inserting
in place thereof the following: 262:40-a Transporting or Drinking Alco-
holic Beverages. I. Any person under the age of twenty-one years oper-
ating a motor vehicle upon the public highway, except when accompanied
by parent or legal guardian, and having liquor or beverage in any form
in containers, open or unopened, in any part of the vehicle, shall have
his license suspended or his right to operate denied for three months by
the director of the division of motor vehicles. The words "liquor" and
"beverages" as used in this section shall have the same meaning as defined
in RSA 175:1.
II. Any person under the age of twenty-one years operating, or at-
tempting to operate a motor vehicle upon the public highway Avho has
consumed intoxicating liquor or beverage in any form or amount so that
the amount of alcohol in said person's blood as defined in RSA 262-A:63
at said time was five-hundredths percent or more shall have his license
398 Chapter 243 [1965
suspended or his right to operate denied for three months by the director
of the division of motor vehicles.
242:2 Effective Date. This act takes effect sixty days after its passage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 243.
AN ACT RELATIVE TO WATER RESOURCES, FLOOD CONTROL, RECREATION,
CONSERVATION, NAVIGATION AND THE CONSTRUCTION OF AN INLAND
NAVIGABLE WATERWAY FROM ALTON BAY ON LAKE
WINNIPESAUKEE TO GREAT BAY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
243:1 Interim Committee Established. There shall be established
an interim committee to study the development of water resources, flood
control, recreation, conservation, navigation and the feasibility of con-
structing an inland navigable waterway from Alton Bay on Lake Winni-
pesaukee to Great Bay consisting of twenty-one members appointed as
hereinafter provided. Three members shall be appointed by the president
of the senate, five members shall be appointed by the speaker of the house
of representatives, and thirteen members shall be appointed by the gov-
ernor, one a person designated by the fish and game commission, one a
person designated by the water resources board, one a person designated
by the department of resources and economic development, one a person
designated by the soil conservation service (federal), one a person desig-
nated by the department of public works and highways, one a person
designated by the water pollution commission and seven members from
interested members of the public at large. The committee shall organize
by electing one of its members as chairman. It shall be the duty of said
committee to study, investigate and utilize such means as may be available
to it to expedite the construction of aforementioned inland navigable
waterway and related matters herein specified and said committee shall
file a report of its activities not later than December 1, 1966, which report
shall include recommendations for legislation designed to implement the
construction of said waterway. The committee is hereby authorized to
accept and apply to the purposes hereof gifts and grants from any person
or association, public or private, made for the purpose of aiding such
study and investigation.
243:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
1965] Chapter 244 399
CHAPTER 244.
AN ACT PROVIDING FOR CERTAIN DEDUCTIONS FROM RETIREMENT BENEFITS
FOR FIREMEN.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
244:1 Firemen's Retirement System. Amend RSA 102 by inserting
after section 23 the following new section: 102:23-a Authorized Deduc-
tions. Notwithstanding any other provisions of this chapter any member of
the firemen's retirement system who makes application for benefits under
this chapter and who was at the time a member of an insurance or hos-
pitalization group plan for which payroll deductions are authorized, may
request that the monthly premium for such service be deducted from the
monthly retirement benefit which he is to receive, and in such case said
deduction shall be made from the sums due the member. Provided, fur-
ther, that deductions from retirement benefits shall be made, if requested
by retired firemen receiving such benefits who transfer an existing direct
pay membership or subscribe as a new member for such plan, if per-
mitted by regulations of such plan.
244:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 245.
AN ACT FOR THE ELECTION OF COUNTY COMMISSIONERS FOR THE COUNTY
DISTRICTS OF CHESHIRE COUNTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
245:1 County Commissioners, Election in Cheshire County. Amend
RSA 64:1 as amended by 1955, 266:1; 317:1; and 1961, 59:1; 240:1, by
inserting after the word "Merrimack" the word, Cheshire, so that the sec-
tion is amended to read as follows: 64:1 Election; Term. There shall be
chosen at each biennial election by ballot, by the inhabitants of the sev-
eral towns in each county qualified to vote for state senators, a sheriff,
a county attorney, a county treasurer, a register of deeds, a register of
probate and three comity commissioners, each of whom shall take office
on January first next succeeding his election, and shall hold the same for
two years, and until his successor is chosen and qualified, provided, how-
ever, that in the counties of Grafton, Coos, Merrimack, Cheshire, and
Hillsborough the inhabitants of the several towns in each of the commis-
400 Chapter 245 [1965
sioner districts, so qualified, shall choose at each election one commis-
sioner for said district.
245:2 Commissioner Districts, Cheshire County. Amend RSA 64 by
inserting after section Id as added by 1961, 240:2, the following new
section:
64:1-6 Cheshire County Districts. The county of Cheshire is divided
into three districts, as provided in RSA 64:11, paragraph V, for the pur-
pose of choosing county commissioners, and each district is entitled to
elect one commissioner.
245:3 County Commissioners, Qualifications in Cheshire County.
Amend RSA 64:2 as amended by 1955, 261:3; 317:3; and 1961, 59:3; 240:3,
by inserting after the word "Merrimack" the word, Cheshire, so that the
section is amended to read as follows: 64:2 Eligibility. No person is
eligible to the office of sheriff, county attorney, county treasurer, register
of deeds, register of probate, or county commissioner unless he is a resi-
dent of the county for which he is chosen, and, in the case of the county
commissioners of the counties of Grafton, Coos, Merrimack, Cheshire,
and Hillsborough unless he is a resident also of the district for which
he is chosen. No person shall hold two of said offices at the same time,
and the acceptance of one of them shall be a resignation of the others.
245:4 County Commissioners, Eligibility. Amend RSA 64:12 as
amended by 1955, 317:4; and 1961, 59:4 and 240:4, by inserting after the
word "Merrimack" the word, Cheshire, so that the section is amended to
read as folloAvs: 64:12 Commissioners, Eligibility, Voting and Election.
In the foregoing counties, no person shall be eligible to be a candidate
for county commissioner except from the district in which he is a resi-
dent. The inhabitants of said counties may vote for not more than one
candidate from each district, except in the counties of Grafton, Coos,
Merrimack, Cheshire, and Hillsborough where the inhabitants of each
district therein may vote for not more than one candidate from said dis-
trict. In all of said counties the candidate receiving the highest number
of votes in any one district shall be declared elected county commissioner
from that district.
245:5 Eflfective Date. This act takes effect for the nomination
and election of Cheshire county commissioners at the biennial election
in 1966, but nothing in this act affects the term of office or the qualifica-
tions of county commissioners in office at the time this act takes effect.
[Approved July 2, 1965.]
[Effective as specified.]
1965] Chapter 246 401
CHAPTER 246.
AN ACT RELATIVE TO AUTHORIZING MATCHING FEDERAL PAYMENTS FOR THE
FISCAL YEARS 1966 AND 1967.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
246:1 Manpower Development and Training Act. The department
of employment security and the department of education are hereby au-
thorized to participate in the Manpower Development and Training Act
of 1962, as amended.
246:2 Special Fund. There is hereby created in the state treasury
a special fund to be known as the Manpower Development and Training
Act Fund. All monies granted to the state by the United States of Ameri-
ca under said federal act, and all state funds appropriated for this pur-
pose, shall be deposited in this fund and shall be continuously, without
lapse or transfer to any other fund, available to the commissioner of the
department of employment security and the commissioner of the depart-
ment of education for expenditure for the purposes authorized by the
appropriate federal agencies. All monies granted to this state by the
United States of America and deposited in this fund shall be accounted
for separately but may be co-mingled with state funds deposited therein,
and shall be subject to be replaced or returned to the United States of
America under such terms as are provided under the Manpower Develop-
ment and Training Act. The state treasurer is hereby designated as cus-
todian of the fund and shall be liable on his official bond for the faithful
performance of his duties in connection therewith. These funds shall be
expended under the approval of the commissioner of the department of
employment security and the commissioner of the department of educa-
tion as hereinabove provided.
246:3 Takes Effect. This act shall take effect July 1, 1965.
[Approved July 2, 1965.]
[Effective as of July 1, 1965.]
CHAPTER 247.
AN ACT RELATIVE TO STATE AID FOR CLASS V HIGHWAYS IN TOWNS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
247:1 Town Road Aid. Amend RSA 241:11 as amended by 1955,
311:3 and 1959, 244:1 by striking out the words "two hundred thousand"
in the ninth and twelfth lines and inserting in place thereof the words,
two hundred fifty thousand, so that said section as amended shall read
402 Chapter 248 [1965
as follo^vs: 241:11 Maintenance Allotment by State. In addition to any
funds hereinbefore apportioned for construction and reconstruction pur-
poses the commissioner, in the month of July in each year, shall allot to
each to^m a sum sufficient, when added to the amount which ^vould be
derived by a tax of eleven cents on each one hundred dollars of the town's
last equalized valuation, to equal one hundred seventeen dollars for each
mile of regularly maintained class V highway in such towns, except that
for any year in which the total allocated to the towns under this formula
shall be less than two hundred fifty thousand dollars, the commissioner
shall use such other figure in place of the one hundred seventeen dollars
for each mile of regularly maintained class V highway as may be necessary
to make the total allotment not less than two hundred fifty thousand dol-
lars. The sums so allotted shall be used for the care and maintenance of
class V highways and for no other purposes, under the supervision of the
commissioner, and shall be expended in accordance with specifications
provided by the commissioner under the direction of a person or persons
appointed by the selectmen of the town.
247:2 Takes Effect. This act shall take effect as of July 1, 1966.
[Approved July 2, 1965.]
[Effective date July 1, 1966.]
CHAPTER 248.
AN ACT RELATIVE TO THE IMPROVEMENT OF THE NATURAL RESOURCES IN
SEABROOK HARBOR, TIDAL LANDS AND WATERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
248:1 Federal Funds for Natural Resources of Seabrook Harbor.
Amend RSA 211 by inserting after section 61-a as inserted by 1963, 320:2
the folloTving new section: 211:61-b Cooperation with Federal Agencies.
Notwithstanding any other provision of this chapter to the contrary, the
director of the department of fish and game is hereby authorized to make
application to the United States Department of the Interior for coopera-
tion and assistance in the carrying out of projects authorized by the Con-
gress of the United States under the provisions of the Commercial Fish-
eries Research and Development Act of 1964, as amended. Such funds as
may become available for the purposes of improving and developing the
natural resources of Seabrook Harbor under the terms of the Commercial
Fisheries Research and Development Act shall be in addition to those
made available by RSA 211:61-a and may be used for purposes consistent
with the regulations of the United States Department of the Interior.
1965] Chapter 249 403
248:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 249.
AN ACT TO CLARIFY THE METHOD OF PROCEDURE OF CASTING ABSENTEE
BALLOTS BY THE MODERATOR.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
249:1 Absentee Ballot Voting. Amend RSA 60:8 by striking out the
section and inserting in its place the follo^ving: 60:8 Procedure by Mod-
erator. I. Immediately after the closing of the polls and before the ballots
cast have been removed from the ballot box, the moderator shall open
the mailing envelopes addressed to the town or city clerk which were de-
livered to the moderator under the preceding section. The moderator
shall remove the inner envelopes containing the ballots of absentee voters
and shall compare the signatures on the inner envelopes with the signa-
tures on the application for the ballot. If (1) the name of the voter is on
the check list, and (2) the affidavits on the envelope appear to be properly
executed, and (3) the signatures on the affidavits appear to be executed
by the same person who signed the application, and (4) the signatures
appear to be the signatures of a duly qualified voter who has not voted
at the election, the moderator shall publicly announce the name of the
absentee voter. After announcing the name of the voter, the moderator
shall open the envelope containing the ballot so that the affidavit on the
envelope is not destroyed. The moderator shall then take the ballot out
of the envelope without unfolding the ballot or Tvithout permitting the
ballot to be opened or examined. The moderator shall then have a check
mark placed against the name of the absentee voter on the voting list by
writing on the voting list the letters "A.V." in red ink, and shall then de-
posit the ballot in the ballot box.
II. If the moderator finds that the affidavit on the envelope is im-
properly executed, or that it is not signed by the person who signed the
application attached to the envelope, or if the voter whose name appears
on the envelope is not a qualified voter, or has voted in the election in
person, the moderator shall not open the envelope. If the moderator finds
that the voter is not entitled to vote he shall mark across the face of the
envelope the reason the ballot is rejected, such as "rejected as not a
voter", "voted in person", "affidavit improperly executed", "not signed
by proper person", or whatever the reason is. The moderator shall save
all the envelopes, opened or unopened and shall keep the envelopes with
404 Chapter 250 [1965
the ballots cast at the election. The envelopes shall be preserved and de-
stroyed in the same manner as provided for the retention, preservation,
and destruction of official ballots.
249:2 EfiEective Date. This act takes effect sixty days after its passage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 250.
AN ACT RELATIVE TO SOLICITATION OF FUNDS FOR RELIGIOUS, BENEVOLENT
OR PHILANTHROPIC PURPOSES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
250:1 Solicitation of Funds. Amend RSA 320:20 as amended by
1961, 222:1 by striking out the entire section and inserting in place there-
of the following: 320:20 Right to Solicit and Sell. The director of the
division of welfare, upon application and after investigation, may au-
thorize the temporary solicitation of money or other valuable thing and
the temporary sale of articles for bona fide religious, benevolent, and
philanthropic purposes, and shall issue certificates of such authority. Ex-
cept as provided herein any such unauthorized sales or solicitations shall
be prima facie fraudulent, and said director shall have authority to make
public the facts and names concerning such unauthorized sales and solici-
tations, and to institute prosecutions against offenders for obtaining
money under false pretenses. Any person, group, or organization soliciting
funds under the provisions of this section for religious, benevolent or
philanthropic purposes shall be required to remit a minimum of eighty-
five per cent of the total funds or other valuable thing collected to the
purpose for which solicitation is conducted and render such accounting
as may be required by the director of the division of welfare.
250:2 Takes Effect. This act shall take effect sixty days after its pas-
sao^e.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 251.
AN ACT RELATIVE TO TAXATION OF THE PROPERTY OF THE MOUNT
WASHINGTON COG RAILWAY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
251:1 Exempted from Taxation as Utility. Amend RSA 82 by in-
serting after section 37 the following new section: 82:38 Exemption of
1965] Chapter 252 405
Mount Washington Cog Railway. The property of the Mount Washing-
ton Cog Railway shall be appraised and taxed pursuant to the provisions
of RSA chapter 72, and shall not be subject to the provisions of this
chapter.
251:2 Takes Effect. This act shall take effect April 1, 1966.
[Approved July 2, 1965.]
[Effective date April 1, 1966.]
CHAPTER 252.
AN ACT RELATIVE TO THE RECOGNITION OF CERTAIN MARRIAGES
PERFORMED OUT OF THE STATE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
252:1 Marriages. Amend RSA 457:3 by striking out said section and
inserting in place thereof the following: 457:3 Effect of Marriage. Every
marriage contracted by parties within the degrees prohibited by the two
preceding sections is incestuous and void, and the issue of such marriage
illegitimate, provided, however, that any marriage legally contracted out-
side of this state by persons not domiciled in this state and valid in the
jurisdiction where contracted shall be recognized as valid in this state for
all purposes if or once the said contracting parties are or become perma-
nent residents of this state subsequent to such marriage and the issue of
any such marriage shall be legitimate.
252:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 253.
AN ACT CHANGING THE DATE ON WHICH TAX COLLECTORS' DEEDS BECOME
INCONTESTABLE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
253:1 Date Specified. Amend RSA 80:39 as amended by 1965, 19:1
by striking out the section and inserting in its place the following: 80:39
Incontestability. No action, suit or other proceeding shall be brought to
contest the validity of a tax sale or any collector's deed based thereon after
ten years from the date of record of the collector's deed. This section shall
apply to all collector's deeds recorded on or after July 1, 1956.
406 Chapter 254 [1965
253:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 254.
AN ACT RAISING THE MAXIMUM AMOUNT OF GROUP LIFE INSURANCE AL-
LOWED TO BE WRITTEN FOR TWO OR MORE EMPLOYERS IN THE
SAME INDUSTRY OR TWO OR MORE LABOR UNIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
254:1 Maximum Amount Increased. Amend subparagraph (d) of
paragraph (4) of RSA 408:15 by inserting at the end thereof the follow-
ing, or one hundred fifty percent of annual compensation, ^vhichever is
greater, but in no case more than sixty thousand dollars, so that said sub-
paragraph as amended shall read as follows: (d) The amounts of insur-
ance under the policy must be based upon some plan precluding individu-
al selection either by the insured persons or by the policyholder, em-
ployers, or unions. No policy may be issued which provides insurance on
any person which together with any other insurance under any group life
insurance policy or policies issued to the employers or any of them, or to
the trustees of a fund established in whole or in part by the employers
or any of them, exceeds twenty thousand dollars, or one hundred fifty
percent of annual compensation, whichever is greater, but in no case more
than sixty thousand dollars.
254:2 Takes Effect. This act takes effect sixty days after its passage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 255.
AN ACT RELATIVE TO ADOPTION OF BUILDING CODES AND FIRE PREVENTION
CODES BY CITIES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
255:1 Building Codes and Fire Prevention Codes. Amend RSA
47:22 (supp) as amended by 1963, 232:1, by striking out in lines thirteen
through fifteen the words "code, rules and regulations in the office of the
city clerk, and, in the case of a fire prevention code or portion thereof,
three copies in the main office of the fire department" and inserting in
place thereof the words, codes, rules and regulations in the main office of
1965] Chapter 256 407
the municipal department or agency administering the same and three
copies in the office of the city clerk, so that said section as amended shall
read as follows: 47:22 Grant of Power. The board of mayor and alder-
men, or the corresponding governmental body of any city, is hereby em-
powered and authorized in the passing and adopting of ordinances, estab-
lishing codes, rules and regulations for the construction of buildings,
relating to the installation of plumbing, the use of concrete, masonry,
metal, iron and wood, and other building;- material, the installation of
electric wiring, and fire protection incident thereto or for the prevention
of fires to adopt any nationally recognized code, rules and regulations
to develop good engineering practice or safety that have been printed
as a code in book form or such portions thereof by reference thereto in
such ordinance; provided, that upon adoption of such ordinance wherein
such code, rules and regulations or portions thereof have been incor-
porated by reference, there shall be filed three copies of such codes, rules
and regulations in the main office of the municipal department or agency
administering the same and three copies in the office of the city clerk. All
copies of any code, rules and regulations filed as provided herein, shall be
for use and examination by the public.
255;2 Effective Date. This act takes effect sixty days after its passage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 256.
AN ACT RELATIVE TO DELINQUENT CHILDREN AND PROCEDURE IN
JUVENILE COURT.
Be it Enacted by the Senate and House of Representatives in General
Court convened: »
256:1 Children. Amend section 1 of RSA 169, as amended by 1959,
36:1 by striking out said section and inserting in place thereof the follow-
ing: 169:1 Applicability of Chapter. This chapter shall apply to those
delinquent children under the age of seventeen, and those delinquent
children ^vith respect to whom a petition is filed hereunder after
his seventeenth birthday but before his twenty-first birthday because
of an act of delinquency committed before such seventeenth birthday.
The chapter shall also apply to neglected children under the age of
eighteen years. Jurisdiction acquired by the court or the commissioner of
public welfare, under order of the court, over a neglected child shall cease
when said neglected child arrives at the age of eighteen. The court's juris-
diction over a delinquent child shall continue until said child arrives at
the age of t^venty-one years unless he is previously discharged by the court,
or jurisdiction over him is released to the superior court.
408 Chapter 256 [1965
256:2 Definition. Amend paragraph III of RSA 169:2 as amended
by 1959, 36:2, by striking out said paragraph and inserting in place there-
of the following: III. "Child or juvenile," any neglected boy or girl under
the age of eighteen years and any delinquent child as hereinbefore de-
fined whose act or acts of delinquency were committed while he or she
was under the age of seventeen.
256:3 Delinquents. Amend RSA 169:14 by striking out the section
and inserting in its place the following: 169:14 Disposition of Delin-
quents; Probation; Institution Care. When a child is found to be de-
linquent, the court may commit the child to the industrial school or con-
tinue the case with such orders as to care, custody, and probation as
justice and the welfare of the child require. After the delinquent has
passed the age of seventeen years, the court may, under its continuing
jurisdiction, commit him either to the industrial school, house of correc-
tion, jail, or state prison, for all or any part of the term of his minority.
A summary of the probation officer's investigation shall accompany each
commitment. All records pertaining to cases of delinquency shall be kept
at all tim_es so that no one, except by court order, other than officers of
the institution where the child is committed, duly accredited probation
officers and others entrusted with the corrective treatment of said child,
shall have access to the same. Any officer or employee of an institution
who permits other than authorized persons to have access to such records,
or any officer or employee or person entrusted with the use of the same
for corrective purposes, or any one else, who publishes or broadcasts or
permits the publication or broadcast of such records or parts of the same,
except by court order, shall be in contempt of court. This prohibition
shall not be construed to prevent publication as provided in this section
or section 27 of this chapter.
2^6:4 Delinquents. Amend RSA 169:21-a as inserted by 1963, 170:1
by striking out the words "under the age of eighteen" and inserting in
place thereof the words, under the age of seventeen, so that said section
as amended shall read as follows: 169:21-a Petition by County Attorney.
If facts are presented to the county attorney establishing that a person
under the age of seventeen has been guilty of conduct which constitutes
a felony or would amount to a felony in the case of an adult and if such
person is not within the jurisdiction of this state, the county attorney
may file a petition with the judge of the municipal court which would
otherwise have jurisdiction under the provisions of this chapter. The
petition shall set forth the nature of the offense with which the person
is charged and shall specify his whereabouts if known. On receipt of such
petition the court may summarily order the county attorney to proceed
against such person under regular criminal procedures, and without re-
gard to the provisions of this chapter. Pending determination by the su-
perior court as herein provided and pending final disposition of the mat-
1965] Chapter 256 409
ter such person shall be bailable with sufficient sureties as in the case of
adults and in default thereof may be committed to the custody of the
probation officer or detained at the industrial school unless detention
else^vhere is ordered by the superior court. The superior court shall de-
termine, after hearing, whether such person shall be treated as a juvenile
under the provisions of this chapter or whether the case shall be disposed
of according to regular criminal procedures.
256:5 Restriction. Amend RSA 169:27 by striking out the section
and inserting in its place the following: 169:27 Publication of Delin-
quency Restricted. It shall be unlawful for any newspaper to publish, or
any radio or television station to broadcast or make public the name or
address or any other particular information serving to identify any ju-
venile delinquent arrested, without the express permission of the court,
and it shall be unlawful for any newspaper to publish, or any radio or
television station to make public, any of the proceedings of any juvenile
court. Nothing: in this section or section 14 as amended shall be construed
to prevent publication without using the name of the delinquent of in-
formation which shall be furnished by the court about the disposition of
a case when the delinquent act would constitute a felony if it were the act
of an adult.
256:6 Penalty. Amend RSA 169:28 by striking out the section and
inserting in its place the following: 169:28 Penalty for Forbidden Pub-
lication. The publisher of any newspaper or the manager, owner or
person in control of a radio or television station who may violate any pro-
vision of section 27 shall be fined not less than twenty-five dollars or more
than two hundred dollars.
256:7 Industrial School. Amend RSA 621:11 (supp), as amended by
1957, 71:1 and 1963, 213:1, by striking out the word "eighteen" in the
second line and inserting in its place the word, seventeen, and by in-
serting after the word "municipal" in the seventh and twelfth lines the
words, or district, so the section is amended to read as follow^s:
621:11 Minors Under Seventeen. Whenever a minor under the age
of seventeen years shall be convicted of an offense punishable by impris-
onment he may be sentenced to the industrial school for the term of his
minority, except where said minor is found guilty by the superior court
under the provisions of RSA 169:21; provided that nothing shall pre-
vent such sentence being suspended under the provisions of any other
law. Pending final disposition of a case by a municipal or district court
the minor may be retained in the custody of the person in charge of the
minor, or in the custody of a probation officer, provided however, that
if the court places such minor in the custody of the industrial school,
final disposition of his case shall be made within thirty days of such com-
mitment and provided further, that where the minor has committed a
felony, the municipal or district court may commit said minor to the
410 Chapter 257 [1965
custody of the probation officer or require that sureties be furnished for
his appearance before the superior court, or in default thereof be com-
mitted to the industrial school to await disposition of the case by said
superior court.
256:8 Change in Age. Amend RSA 621:12 by striking out the word
"eiohteen" in the first line and inserting in its place the word, seventeen,
so the section is amended to read as follows: 621:12 Delinquents, etc.
Whenever a minor under the age of seventeen is committed to the indus-
trial school under the provisions of chapter 169, RSA, it shall be for the
term of his minority.
256:9 Limitation. Amend RSA 621:16 by striking out the word
"eighteen" in the first line and inserting in its place the word, seventeen,
so the section is amended to read as follows: 621:16 Committals for De-
tention. Minors under the age of seventeen committed to the school un-
der the provisions of chapter 169, RSA, shall not be subject to the pro-
visions hereof relative to release, trial placement, parole and discharge,
though they shall be subject to the treatment hereinafter provided for
incorrigibles until such time as their cases are disposed of by the court.
256:10 Non-payment of Fines. Amend RSA 618:6 (supp), as amend-
ed by 1968, 213:2, by striking out the word "eighteen" in the fifth line
and inserting in place thereof the word, seventeen, so the section is
amended to read as follows: 618:6 Place of Committal. Any person
sentenced to pay a fine shall be ordered to be imprisoned until sentence
is performed, or he is otherwise legally discharged, in the house of cor-
rection or jail of the county. This section shall not be construed as author-
izing the confinement of any juvenile under the age of seventeen years
in a house of correction or jail for the non-payment of a fine.
256:11 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 257.
AN ACT RELATIVE TO COMPLETION OF CERTAIN CAPITAL IMPROVEMENTS AT
KEENE AND PLYMOUTH STATE COLLEGES AND EXTENDING
THE APPROPRIATIONS THEREFOR.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
257:1 Declaration of Purpose. Notwithstanding the provisions of
RSA 228:4, or any other provision of law, the existing responsibility for
the completion of the capital improvement projects at Keene and Ply-
1965] Chapter 257 411
mouth state colleges authorized by sections 1 and 2, chapter 251, of the
Laws of 1963, is hereby transferred from the department of public works
and highways to the board of trustees of the university of New Hamp-
shire.
257:2 Transfer of Plans, Papers and Documents. The department
of public works and liighways siiall deliver to the trustees of the univer-
sity of New Hampshire all pertinent records in custody, including but
not limited to deeds, contracts, agreements, plans and supporting docu-
ments relative to Keene and Plymouth state colleges at a date and time
mutually agreeable to the commissioner of public works and highways
and to the board of trustees of the university of New Hampshire. All
contracts and agreements heretofore executed by the department of pub-
lic works and highways pursuant to such capital improvement projects
at Keene and Plymouth state colleges shall continue in full force and
effect and be binding on the part of the state of New Hampshire and
shall be administered by said department of public works and highways.
257:3 Expenditures. The board of trustees of the university of New
Hampshire may expend any remaining portion of the sums appropriated
for projects at Plymouth and Keene state colleges set forth in 1963, 251:1
and 251:2 as may be necessary to complete the land purchases or con-
struction authorized at such colleges by said sections, including the pur-
chase and installation of furniture and equipment, built-in or moveable,
and any necessary equipment which was not included in the original
prime construction contracts, whether or not such items may have been
specifically listed, and authority to expend such appropriated funds shall
not lapse until December 31, 1967. The same general policy pertaining
to contracts set forth in RSA 228:4 and applying to the department of
public works and highways shall apply to the board of trustees of the
university of New Hampshire in their assumption of the responsibility
for the completion of the capital improvement projects herein provided.
The department of public works and highways shall assume responsibility
for costs of engineering and inspection of all construction contracts au-
thorized by 1963, 251:1 and 251:2.
257:4 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
412 Chapter 258 [1965
CHAPTER 258.
AN ACT TO REDUCE RESIDENCE REQUIREMENT TO VOTE FOR PRESIDENTIAL
ELECTORS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
258:1 Residence Qualification for Voting at Elections of President
and Vice President. Amend RSA 65 by adding two new sections to the
chapter as follows:
65:l-a Qualification for Voting. Notwithstanding the residence re-
quirements of RSA 54:8, a person who has moved from another state to
this state or from one town or city within the state to another town or
city Avithin the state, and who has been a resident of this state for thirty
days preceding an election at which electors are to be chosen for the office
of president and vice president of the United States, is entitled to vote in
this state solely for such electors if the person is qualified to vote in this
state, other than by reason of the residence requirements of RSA 54:8.
65:l-b Voting Procedure. For the purpose of RSA 65:l-a the super-
visors of the checklist shall prepare a separate checklist for voters quali-
fied to vote under that section. The secretary of state shall prepare a sep-
arate ballot for persons voting under that section which ballot shall be
a different color from any other ballot used in that election. No special
absentee ballots are authorized for persons who qualify to vote for presi-
dential electors solely by reason of RSA 65:l-a. On the special ballot re-
quired by that section the names of the voting districts are not required
to be printed. The secretary of state shall furnish fifty special ballots for
towns and wards of less than five thousand population and one hundred
special ballots for towns and wards of over five thousand population. The
secretary of state shall furnish additional ballots if the supervisors of the
checklist request them.
258:2 Effective Date. This act takes effect sixty days after its passage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 259.
AN ACT CREATING AN OFFICE OF COMMUNITY RECREATION SERVICE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
Whereas, the contribution of recreation to the health, education,
economy, and general welfare of the people has become universally recog-
nized and accepted; and
1965] Chapter 259 413
Whereas, experience gained by the New Hampshire Committee,
National Recreation Association, through consultation and field services
supported by the Spaulding-Potter Charitable Trust, has shown the im-
mediate need for a state recreation commission; and
Whereas, it is generally recognized that recreation opportunities
within local communities are a determining factor for the site location by
industry, and that industrial, commercial, and business leaders encourage
employees to participate in leisure-time activities thereby creating a di-
rect relationship with recreation to the economy of our state; and
Whereas, the state of New Hampshire has undertaken a tourism pro-
gram, which includes the promotion of more and better recreation oppor-
tunities, to bring and keep the tourist dollar in New Hampshire; and
Whereas, leading recreation authorities advocate educational and
guidance programs resulting in greater benefits from the tax dollar by
systematic consolidation and coordination of total recreation efforts on
all levels; and
Whereas, recreation is a legitimate continuing governmental respon-
sibility directly associated with the public welfare; now therefore
Be it Enacted by the Senate and House of Representatives in General
Court convened:
259:1 New Chapter. Amend RSA by inserting after chapter 12-A
(supp) as inserted by 1961, 223 and amended by 1963, 181:3 and 291:1 the
following new chapter:
Chapter I2-B
Community Recreation Service
12-B:1 Purpose and Definition. The purpose of this chapter shall
be to provide, upon request, to the municipalities and other political
sub-divisions of the state and to non-governmental organizations, assist-
ance in the development of wholesome and adequate recreation, and
recreation, for the purpose of this chapter, is defined to mean those activi-
ties and interests which provide a diversification of occupation and which
aid in promoting worthy use of leisure time, pursuit of happiness, satis-
faction, re-creative enjoyment, fullness of life, relaxation, instruction and
education, physical and mental health, and cultural developments and
experiences of a leisure-time nature.
12-B:2 Director of Community Recreation. There is hereby estab-
lished the position of director of community recreation in the department
of resources and economic development. The commissioner of resources
and economic development shall appoint a director of community rec-
reation who shall meet the minimum qualifications necessary to be classi-
414 Chapter 260 [1965
fied as a professional recreator under the voluntary registration plan of
the NeA\' Hampshire Recreation Society. This shall be a classified position
-vvithin the state classification system. The director shall receive compensa-
tion commensurate with salaries paid to comparable competitive posi-
tions in the other New England states as determined by the department
of personnel.
12-B:3 Duties. It shall be the duty of the director of community
recreation: I. To provide guidance to local communities, on request, in
establishing, organizing, promoting, conducting, and financing recreation
programs.
II. To provide suggestions to local communities, on request, on
facility development, in-service training of employees, utilization of local
and state resource material and personnel.
III. To co-operate with state and federal agencies, private member-
ship groups, and with commercial recreational interests, in the promotion
of recreational opportunities.
IV. To make available suggestions whereby the various service and
civic croups in the state can provide recreation services and donations to
recreation projects on a sound and coordinated basis.
V. To encourage local communities to provide for appropriate rec-
reation for the ill and handicapped.
VI. To provide suggestions whereby our senior citizens can live a
meanino-ful life and utilize their skills and talents for the benefit of the
community and themselves.
VII. To study and appraise recreational needs of the state and to
assemble and disseminate information relative to recreation.
VIII. To aid in recruiting, training, and placing recreation ^s^orkers,
and promote recreation institutes and conferences.
IX. To establish and promote recreational standards.
X. To submit an annual report of his activities.
259:2 Takes Effect. This act shall take effect July 1, 1965.
[Approved July 2, 1965.]
[Effective as of July 1, 1965.]
CHAPTER 260.
AN ACT TO REGULATE THE FILING OF PLANS FOR LAND SUBDIVISIONS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
260:1 Registers of Deeds. Amend RSA 478 by inserting after section
13 the following new section: 478:13-a Recording of Plans. At the op-
1965] Chapter 260 415
tion of each county delegation, all plans submitted for recording in its
registry of deeds shall be on suitable reproducible tracing material, other
than paper, with a thickness of not less than .002 of one inch, with all
marking on the material to be with India or other permanent ink. The
size of all plans is limited to any of the following dimensions:
a. 81/4'' X IP'
b. IP'xlV"
c. I7"x22"
d. 22"x34"
or such specifications and sizes of prints as may be required by the reg-
ister of deeds in order to insure suitable, permanent records.
260:2 Regulation of Subdivision of Land. Amend RSA 36:20 (supp)
by striking out the words "of a subdivision of land showing a new street
or widening or narrowing thereof or park" so that the section is amended
to read as follows: 36:20 Recording of Plats. After the certificate or
notice referred to in section 19 has been filed with the register of deeds
of the county in which the municipality is located, no plat shall be filed
or recorded in the offices of the said register of deeds until it has been ap-
proved by the planning board, and such approval has been indorsed in
writing on the plat in such manner as the planning board may designate.
After such plat is approved and filed, subject, however, to review by
court as hereinafter provided, the streets and parks shown on such plat
shall be and become a part of the official map of the municipality. The
filing or recording of a plat of a subdivision without the approval of the
planning board as required hereby shall be void.
260:3 Approval of Site Plan. Amend RSA 36 by inserting after sec-
tion 19, (supp) as amended by 1963, 163:1, the following ne^v section:
36:19-a Further Power of Planning Boards. A municipality, having
adopted a zoning ordinance as provided in RSA 31:60-89, and where the
planning board has adopted subdivision regulations as provided in sec-
tions 19-24 hereof, may further empower the planning board to review,
and approve or disapprove site plans for the development of tracts for
non-residential uses whether or not such development includes a subdivi-
sion or re-subdivision of the site.
260:4 Effective Date. This act takes effect sixty days after its passage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
416 Chapter 261 [1965
CHAPTER 261.
AN ACT RELATIVE TO TOWN ROAD AID.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
261:1 Town Road Aid. Amend subsection (a) of RSA 241:2, as
amended by 1955, 333:3 and 1957, 273:3 by striking out the words "one
million one hundred thousand dollars" and inserting in place thereof
the Asords, one million two hundred fifty thousand dollars, so that said
subsection as amended shall read as follows: (a) Apportionment A. The
commissioner shall apportion, on the basis of a sum of not less than one
million two hundred fifty thousand dollars, to each city, town and unin-
corporated place, an amount based on the proportion which the mileage
of the regularly maintained Class IV and Class V highways in that city,
town or unincorporated place as of January 1 of the previous year, bears
to the total mileage of the regularly maintained Class IV and Class V
highways in the state as of that date. Any city or town issuing bonds or
long term notes to accelerate the improvement of its Class IV and Class
V highways may apply any part of the funds herein apportioned, for a
period not to exceed five years or with the approval of the commissioner
for a period not to exceed ten years, to aid in the retirement of such bonds
or notes.
261:2 Takes Effect. This act shall take effect as of July 1, 1966.
[Approved July 2, 1965.]
[Effective date July 1, 1966.]
CHAPTER 262.
AN ACT INCREASING THE SALARIES OF THE COUNTY COMMISSIONERS AND
TREASURER OF CARROLL COUNTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
262:1 Carroll County Commissioners. Amend RSA 28:28 (supp) as
amended by 1955, 247:4, 269:1, 1957, 182:1, 246:1, 1961, 80:1, 157:1,
210:1, 1963, 94:1, 329:2, 1965, 142:1 and 191:1 by striking out the words
"In Carroll, twelve hundred dollars" and inserting in place thereof the
words, In Carroll, eighteen hundred dollars, so that said section as amend-
ed shall read as follows: 28:28 Commissioners. The annual salary of
each commissioner of the following counties shall be as follows, payable
monthly by the county:
In Rockingham, three thousand dollars.
In Strafford, fifteen hundred dollars.
1965] Chapter 263 417
In Belknap, fifteen hundred dollars.
In Carroll, eighteen hundred dollars.
In Merrimack, two thousand dollars.
In Hillsborough, forty-five hundred dollars.
In Cheshire, two thousand dollars.
In Sullivan, eighteen hundred dollars.
In Grafton, eighteen hundred dollars.
In Coos, two thousand dollars.
To the foregoing sums shall be added, in all counties, a reasonable
sum for all necessary expenses, upon order of the county auditors.
262:2 Carroll County Treasurer. Amend RSA 29:14 (supp) as
amended by 1955, 172:2, 247:3, 1957, 149:1 and 1963, 8:1 by striking out
the words "In Carroll, five hundred dollars" and inserting in place there-
of the words. In Carroll, seven hundred fifty dollars, so that said section
as amended shall read as follows: 29:14 Salaries. The annual salaries of
the treasurers of the several counties to be in full for their services and
allowances of every kind, except as hereinafter provided, shall be as fol-
lows:
In Rockingham, twelve hundred dollars.
In Strafford, five hundred dollars.
In Belknap, five hundred dollars.
In Carroll, seven hundred fifty dollars.
In Merrimack, six hundred dollars.
In Hillsborough, twelve hundred dollars.
In Cheshire, four hundred dollars.
In Sullivan, five hundred dollars.
In Grafton, five hundred dollars.
In Coos, five hundred dollars.
To the foregoing sums shall be added a reasonable sum for all nec-
essary expenses upon order of the county commissioners.
262:3 Takes Effect. This act shall take effect January 1, 1966 pro-
vided however, that the increase in salary of the county commissioners of
Coos county provided for by 1965, 142:1 shall take effect July 1, 1965.
[Approved July 1, 1965.]
[Effective as specified.]
CHAPTER 263.
AN ACT RELATIVE TO SALARY OF THE SHERIFF OF GRAFTON COUNTY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
263:1 Grafton County Sheriff. Amend RSA 104:29, as amended by
1955, 172:1, 247:1, 1957, 156:1, 309:4, 1961, 175:1, 1963, 129:1, 1965,
418 Chapter 263 [1965
162:1 and 190:1, by striking out the entire section and inserting in its
place the follo-^ving: 104:29 I. Salaries of Sheriffs. The annual salaries
of the sheriffs of the below named counties shall be as follows:
(a) In Strafford, two thousand dollars.
(b) In Belknap, fifteen hundred dollars, payable in twelve
monthly installments.
(c) In Carroll, twelve hundred dollars.
(d) In Merrimack, two thousand dollars.
(e) In Hillsborough, two thousand four hundred dollars.
(f) In Coos, two thousand dollars.
II. In Rockingham the annual salary of the sheriff shall be nine
thousand five hundred dollars. Said salary shall be payment in full for
all his services to the county. The county shall provide him with suitable
transportation and he shall not be allowed the established rates for mile-
age allowable to other sheriffs. He shall be allowed reasonable expenses
incurred during the performance of his duties and such expenses shall
be subject to the approval of a justice of the superior court. For the serv-
ice of civil writs and other process which he may perform he shall collect
the usual fees allowed for such services and mileage and shall pay over
directly to the county treasurer all such fees and mileage charges at the
end of each month. He shall in his annual report to the county commis-
sioners report the number of civil writs and other process served and the
total amounts collected in fees and mileage charges paid over to the treas-
urer during the calendar year.
III. In Sullivan the annual salary of the sheriff shall be eight thou-
sand dollars. Said salary shall be payment in full for all his services to
the county. The county shall provide him with suitable transportation
and he shall not be allowed the established rates for mileage allowable to
other sheriffs. He shall be allowed reasonable expenses incurred during
the performance of his duties and such expenses shall be subject to the
approval of a justice of the superior court. For the service of civil wrrits
and other process which he may perform he shall collect the usual fees
allowed for such services and mileage and shall pay over directly to the
county treasurer all such fees and mileage charges at the end of each
month. He shall in his annual report to the county commissioners report
the number of civil writs and other process served and the total amounts
collected in fees and mileage charges paid over to the treasurer during
the calendar year,
IV. In Cheshire the annual salary of the sheriff shall be nine thou-
sand five hundred dollars which shall be paid monthly. Said salary shall be
payment in full for all his services to the county. The county shall provide
him with suitable transportation and he shall not be allowed the estab-
lished rates for mileage allowable to other sheriffs. He shall be allowed rea-
1965] Chapter 264 419
sonable expenses incurred during the performance of his duties and such
expenses shall be subject to the approval of a justice of the superior court.
For the service of civil writs and other process which he may perform
he shall collect the usual fees allowed for such services and mileage and
shall pay over directly to the county treasurer all such fees and mileage
charges at the end of each month. He shall in his annual report to the
county commissioners report the number of civil writs and other process
served and the total amounts collected in fees and mileage charges paid
over to the treasurer during the calendar year.
V. In Grafton the annual salary of the sheriff shall be nine thou-
sand five hundred dollars, payable in twelve monthly installments. Said
salary shall be payment in full for all his services to the county. The
county shall provide him with suitable transportation and he shall not be
allowed the established rates for mileage allowable to other sheriffs. He
shall be allowed reasonable expenses incurred during the performance of
his duties and such expenses shall be subject to the approval of a justice
of the superior court. For the service of civil writs and other process which
he may perform he shall collect the usual fees allowed for such services
and mileage and shall pay over directly to the county treasurer all such
fees and mileage charges at the end of each month. He shall in his annual
report to the county commissioners report the number of civil writs and
other process served and the total amounts collected in fees and mileage
charges paid over to the treasurer during the calendar year.
263:2 Takes Effect. This act shall take effect July 1, 1965, provided,
however, that paragraph V of RSA 104:29 as inserted by section 1 of this
act shall not take effect until January 1, 1966.
[Approved July 2, 1965.]
[Effective as specified.]
CHAPTER 264.
AN ACT RELATIVE TO THE EXEMPTION FROM TAX ON NEAT STOCK AND
POULTRY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
264:1 Condition of Receiving Exemption. Amend RSA 72:15 by
inserting after paragraph X the following new paragraph: XL Condi-
tion of Exemption. No exemption provided for by paragraph V or VII
shall be granted to a person who is delinquent in the payment of any
tax, assessed against him or his spouse by the state of New Hampshire
or any political subdivision thereof.
420 Chapter 265 [1965
264:2 Takes Effect. This act shall take effect April 1, 1966.
[Approved July 2, 1965.]
[Effective date April 1, 1966.]
CHAPTER 265.
AN ACT PROVIDING ADDITIONAL RETIREMENT ALLOWANCES FOR CERTAIN
RETIRED TEACHERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
265:1 Teachers' Retirement System. Amend RSA 192 by inserting
after section 25, as inserted by 1965, 159:1 the following new section:
192:26, 1966 Allowances. Any beneficiary who retired prior to July 1,
1957 and Avho is in receipt of a retirement allov.^ance on January 1, 1966
including any teacher retired under the teachers' retirement system as
established by chapter 136, Revised Laws, shall beginning with the month
of January 1966 and monthly thereafter but not beyond the month of
December 1966 have his allowance increased in the proportion which the
Consumers Price Index issued by the United States Department of Labor,
Bureau of Labor Statistics, for the month of November 1964 bears to
the corresponding index for the year in which the member retired; ex-
cept that in the case of service beneficiaries, such increased retirement
allowance shall be at least forty-four dollars for each year of creditable
service at retirement not exceeding thirty years, and in the case of dis-
ability beneficiaries, such increased retirement allowance shall be at least
forty-two dollars for each year of creditable service at retirement not ex-
ceeding thirty years. Provided, however, if any such beneficiary has filed
an election in accordance with RSA 192:13, II his retirement allowance
shall be increased for said period only in the proportion Avhich the Con-
sumers Price Index issued by the United States Department of Labor,
Bureau of Labor Statistics, for the month of November 1964 bears to the
corresponding index for the year in which the member retired. In the
event the retired member is receiving a reduced retirement allowance
because of having elected an option, such increased retirement allowance
shall be reduced in the same proportion as the retirement allowance prior
to optional modification was reduced at retirement. If the beneficiary
of a retired member who retired prior to July 1, 1957 and elected an op-
tion providing for a survivor annuity is in receipt of such survivor an-
nuity on January 1, 1966, such beneficiary shall be paid beginning with
the month of January 1966 and monthly thereafter but not beyond the
month of December 1966 an increased retirement allowance which shall
be the same proportion of the increased retirement allowance the mem-
ber would have been entitled to receive, if any, prior to any optional
modification had he been living on January 1, 1966 as the survivor an-
1965] Chapter 266 421
nuity bears to the full allowance prior to optional modification of such
former retired member at retirement. When the increased retirement
allowance of any one beneficiary shall be ascertained under the terms
of the before mentioned provisions the difference between said increased
retirement allowance and the retirement allowance said beneficiary is
then receiving, as of December 31, 1965 shall be multiplied by two and
the said sum shall be paid to said beneficiary, in twelve monthly install-
ments during the period from January 1, 1966 to December 31, 1966.
Nothing herein shall be construed as affecting the regular retirement
allowance of any beneficiary. The payment of the additional retirement
allowances payable hereunder shall be contingent on the payment by the
state of the additional amounts required to meet the current disburse-
ments of such additional retirement allowances.
265:2 Appropriation. In order to provide funds for the payment of
the supplemental allowances provided under RSA 192:26 as hereinbefore
inserted, the sum of ninety thousand, nine hundred and sixty-four dollars
is hereby appropriated for the fiscal year ending June 30, 1966 and the
sum of ninety thousand, nine hundred and sixty-four dollars is hereby
appropriated for the fiscal year ending June 30, 1967. The first sum
herein mentioned shall be expended by the teachers' retirement system
for the payment of supplemental benefits for the period from January 1,
1966 to June 30, 1966, and the second sum herein mentioned shall be
expended by said system for the payment of supplemental benefits for
the period from July 1, 1966 to December 31, 1966. The governor is au-
thorized to draw his warrant for the sums hereby appropriated out of any
money in the treasury not otherwise appropriated.
265:3 Takes Effect. This act shall take effect on January 1, 1966.
[Approved July 2, 1965.]
[Effective date January 1, 1966.]
CHAPTER 266.
AN ACT RELATIVE TO GUARANTEED LOANS TO STUDENTS FOR HIGHER
EDUCATION.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
266:1 Student Loans. Amend RSA 186 by inserting after section 53
the following new subdivision:
Higher Education Loan Program
186:54 Higher Education Loan Program. There shall be a higher
education loan committee consisting of three members, one member shall
be the student financial aid officer of the university of New Hampshire,
422 Chapter 266 [1965
^vho shall be the chairman, the other two members shall be appointed by
the governor with the approval of the council, one shall be a like finan-
cial aid officer from another institution of higher education and one shall
represent the New Hampshire bankers' association. The committee shall
operate out of the department of education which department shall fur-
nish office space, equipment, and clerical assistance as required. The
members of the committee shall serve without compensation.
186:55 Authority and Duties. The committee shall assist qualified
resident New Hampshire students to pursue schooling beyond the sec-
ondary level. It shall certify to the state treasurer the total amount of the
balance unpaid on loans guaranteed by the state pursuant to section 56
of this subdivision as of June 30th of each year. It shall establish rules
and regulations which it deems necessary to carry out the purpose of this
subdivision. Such rules and regulations shall include the following:
I. Loans shall be approved on the basis of established need.
II. Loans shall not be approved in excess of one thousand dollars
per student and shall be restricted to students admitted to the freshman
year, provided that the committee may approve such loans to a student
enrolled for a course of study beyond the freshman year in the event that
it finds no other loans for scholarship funds available in sufficient quan-
tities from any educational institution or privately financed plan to such
student.
III. Loans shall not be approved until the applicant has been ac-
cepted for admission at an approved institution.
IV. Completed and approved application forms shall be presented
to a bank and, if acceptable, a note shall be executed at an interest rate
not to exceed five per cent per annum on the unpaid balance. The face
value of the note shall be paid to the applicant,
186:56 Guarantee. The state shall guarantee that any notes properly
executed pursuant to the provisions of this subdivision shall be repaid in
full together with any accumulated interest thereon, provided, that a
condition of such guarantee shall be that in the event of default the
lender will exert its normal collection efforts with reference to delinquent
loans until assigned to the state as hereinafter provided, and provided
further that the total of such guarantees in any one fiscal year shall not
exceed one million dollars.
186:57 Default. The bank shall notify the committee when a note
is in default for a ninety-day period and may demand reimbursement
within a thirty-day period following notification of the default. Upon re-
ceipt of notification that a note is in default, the committee after investi-
gation and a finding that reimbursement is due under the provisions of
this subdivision shall certify the same to the governor. The governor is
authorized to draw his warrant for the balance due on any defaulted
1965] Chapter 267 423
notes so certified, together ^vith any accumulated interest thereon, out of
any money in the treasury not otlierwise appropriated. Upon such reim-
bursement the bank shall assign the note to the state, but such assignment
may be without representation or warranty, express or implied, and with-
out recourse. Assigned notes shall be delivered to the division of investi-
gation of accounts in the department of administration and control for
collection.
186:58 Waiver for Minors. A person under twenty-one years of age
shall not be disqualified by reason of his minority, but shall have the
rights, powers, privileges and obligations of a person of full age with
respect to executing instruments under this subdivision.
266:2 Committee Report. The higher education loan committee
established by this act shall prepare a report of its activities and deliver
the same to the 1967 general court together with any recommendations
it may have.
266:3 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 2, 1965.]
[Effective date August 31, 1965.]
CHAPTER 267.
AN ACT ESTABLISHING THE WATER POLLUTION COMMISSION AS AN
INDEPENDENT AGENCY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
267:1 Water Pollution Commission. The water pollution commis-
sion established pursuant to RSA 149, as amended, together with all of
its powers, duties, functions, personnel, records, and property, is hereby
transferred from the department of health and welfare and is hereby con-
stituted as an independent agency of the state government.
267:2 Agency Established. Amend RSA 149:2 as amended by 1955,
96:1, 1961, 222:1 and 223:3 by striking out paragraphs I and II and in-
serting in place thereof the following new paragraphs: I. There is hereby
created a commission to be known as the New Hampshire water pollution
commission which shall consist of eleven members, as follows: one mem-
ber to be appointed by the governor with the consent of the council for
a term of six years, who shall be the chairman of said commission; a
member representing the public who shall be appointed by the governor
with the consent of the council for a term of six years, who shall be vice-
chairman of said commission; the director, division of public health serv-
ices; the director of the fish and game department; the director of the
424 Chapter 267 [1965
division of parks; the director of the planning and research office, the
division of economic development; the chairman of the water resources
board; one of the commissioners of the public utilities commission to be
named by the governor with the consent of the council; three members-
at-large, two of whom shall represent the industrial interests of the state
and the other an employee of any municipal or privately-owned water
works in the state. The members-at-large shall be appointed by the gov-
ernor with the consent of the council, and each shall hold office for six
years and until his successor shall be appointed and qualified. All ap-
pointive members shall receive no compensation for their services but
shall receive necessary traveling and other expenses while engaged in
actual work of the commission. The other members of the commission
shall receive no additional compensation for their services as members
of this commission other than their regular salaries or per diem expenses
from their respective state departments, but shall receive their necessary
traveling and other expenses while engaged in actual work of the com-
mission, which said expenses shall be paid from the appropriations of this
commission.
II. The commission shall appoint an executive director Avho shall
hold office during good behavior. Said director shall be a graduate engi-
neer licensed to practice sanitary engineering in the state of New Hamp-
shire, shall have a minimum of ten years responsible experience in the
administration of major sanitary engineering programs at state or inter-
state levels and shall be a member or eligible for membership in the
American Academy of Sanitary Engineers. The director may be removed
by the commission only for cause and after being given a copy of the
charges against him and an opportunity to be heard publicly on such
charges. The executive director shall make inspections and investigations
or arrange for the conduct of such by employees of the commission, and
may request assistance from any other state agency as may be necessary
to carry out the provisions of this chapter within the limits of the appro-
priations made for this purpose. The said director shall, under the direc-
tion of the commission, administer the provisions hereof.
267:3 Terms of Office; Incumbent Appointive Members. Notwith-
standing any other provisions hereof, the incumbent appointive members
in office on the effective date of this act shall remain in office throughout
the unexpired portion of their respective terms.
267:4 Technical Secretary, Water Pollution Commission. The tech-
nical secretary of the commission in office at the effective date of this act
shall become the first executive director of the commission. Any funds
provided in the appropriation acts for the year ending June 30, 1966,
and the year ending June 30, 1967, relating to the salary of the dual posi-
tion of director, bureau of sanitary engineering and technical secretary,
water pollution commission, together with funds made available therefor
1965] Chapter 267 425
under other provisions of this act, are hereby deemed to be appropriated
to meet the salary requirements for the executive director.
267:5 Transfer of Bureau of Sanitary Engineering. All present
powers, duties, functions, personnel, records and property of the bureau
of sanitary engineering, division of public health services, department of
health and welfare, are hereby transferred to the water pollution com-
mission. Wherever reference is made in Title X of the Revised Statutes
Annotated and in the statutes generally to the department of health and
welfare, division of public health services, in the field of recreation camps,
public water supply, public sewerage and sewage treatment works, sewage
disposal, public swimming pools and bathing places, protection of sources
of water and ice, auxiliary public water supply, testing of public and
private water supplies, it shall henceforth be construed to mean the water
pollution commission.
267:6 Transfer of Funds. All funds provided in the appropriation
acts for the year ending June 30, 1966, and the year ending June 30, 1967,
relating to personnel services and facilities transferred to the water pollu-
tion commission as provided for herein are hereby deemed to be appro-
priated for the same purposes in the water pollution commission.
267:7 Salaries. Amend RSA 94:1 as amended by 1955, 153:2, 321:1,
323:4, 6, 335:8; 1957, 90:1, 223:2, 274:4, 7, 315:2; 1959, 199:4, 268:12;
1961, 166:5, 221:4, 222:5, 223:4, 266:12; 1963, 39:2, 132:2, 209:2, 328:17,
303:14, by inserting in the proper alphabetical place the following:
Executive director. Minimum Maximum
water pollution commission $15,000 $16,500
267:8 Additional Duties of Commission. Amend RSA 149:4 by in-
serting after paragraph VIII the following new paragraphs: IX, To set
standards of design and construction for sewerage and sewage or waste
treatment systems, to approval all engineering documents applying there-
to, and perform such other related engineering or inspectional work as
will provide for proper design, construction and operation of the facili-
ties involved and protect federal, state or local funds invested in such
projects. X. To provide such services and technical assistance in the area
of sanitary engineering as may be required by the director of division
of public health services, department of health and welfare to implement
and carry out the statutory obligations imposed upon the director of
public health services and the rules and regulations promulgated by said
director.
267:9 Appropriation. In addition to other funds made available to
the water pollution commission and the bureau of sanitary engineering,
there is hereby appropriated the sum of three thousand five hundred
dollars for the fiscal year ending June 30, 1966, or so much thereof as
426 Chapter 268 [1965
may be necessary in order to meet the salary schedule set forth in section
7 hereof, and a like sum for the fiscal year ending June 30, 1967, or so
much thereof as may be necessary, for the same purpose. The sums ap-
propriated hereunder shall be made available to the commission from
the salary adjustment fund.
267:10 Water Pollution Compact. Amend RSA 488:3 by striking
out the words "the department of health" in the sixth line and inserting
in place thereof the words, water pollution commission, so that the sec-
tion is amended to read: 488:3 Commissioners. After the aforesaid com-
pact shall become effective and operative as provided in section 2, the
governor, with advice and consent of the council, shall designate or ap-
point five persons to serve as commissioners to the New England Inter-
state Water Pollution Control Commission, hereinafter called the com-
mission. One of such commissioners shall be an employee of the state
water pollution commission, and the other four commissioners shall be
appointed from the membership of the New Hampshire water pollution
commission, one of whom shall be the chairman of said commission ex-
officio. Said commissioners, except the chairman of the New Hampshire
Tvater pollution commission, shall hold office for a term of four years
each. Vacancies shall be filled for the remainder of unexpired terms, in
the same manner as original appointments are made. The terms of com-
missioners first appointed shall begin on the date when the compact afore-
said becomes effective and operative in accordance with section 2.
267:11 Repeal. I. RSA 126-A:21, as inserted by 1961, 222:1, relative
to transfer of water pollution commission, is hereby repealed.
II. RSA 149:2-a, as inserted by 1963, 26:1, relative to chairman pro
tem, is hereby repealed.
III. RSA 149:12 relative to employment of sanitary engineers or
other employees, is hereby repealed.
267:12 Takes Effect. This act shall take effect July 1, 1965.
[Approved July 2, 1965.]
[Effective as of July 1, 1965.]
CHAPTER 268.
AN ACT APPROPRIATING FUNDS FOR THE STATE NURSING SCHOLARSHIP
PROGRAM.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
268:1 Appropriation. The sum of fifty-two thousand dollars is here-
by appropriated for the biennium ending June 30, 1967 for the purpose
of providing funds to carry out the provisions of RSA 326:30, 31 and 32.
1965] Chapter 269 427
The sum hereby appropriated shall be available as of July 1, 1965, and
the governor is authorized to draw his warrant for the said sum out of
any money in the treasury not otherwise appropriated. To provide for
the cost of administering the total program a sum shall be deducted from
the total amount appropriated for the state nursing scholarship program,
this sum not to exceed $1,000 for each year. Said sums to be expended by
the state board of nursing education and nursing registration to defray
the expense of administration of the program for state aid for nursing
education.
268:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 6, 1965.]
[Effective date September 4, 1965.]
CHAPTER 269.
AN ACT NAMING THE TENNY MOUNTAIN HIGHWAY.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
269:1 Tenny Mountain Highway. Any highway connection from
interstate route 93 interchange with route U. S. 3 in Plymouth to the
intersection of routes N. H. 3-A and N. H. 25 in West Plymouth is named
the Tenny Mountain Highway.
269:2 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 6, 1965.]
[Effective date September 4 ,1965.]
CHAPTER 270.
AN ACT AUTHORIZING THE DIVISION OF SAFETY SERVICES OF THE DEPART-
MENT OF SAFETY TO PURCHASE CERTAIN REAL PROPERTY INCLUDING THE
BUILDINGS AND EQUIPMENT THEREON IN THE TOWN OF GILFORD AND MAK-
ING AN APPROPRIATION THEREFOR.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
270:1 Purchase of Goodhue Boat Yard. Amend paragraph VUI of
1963, 251:1 by striking out the same and inserting in place thereof the
following:
428 Chapter 271 [1965
VIII. Department of safety:
Division of safety services:
Purchase of certain waterfront real property on Lake
Winnipesaiikee (approximately 300 feet frontage) with
the New building thereon including all fixtures therein
and the travel-lift and elevator thereon, known as the
Goodhue Boat Yard $120,000
Less boat house reserve approved
by governor and council 30,000
$90,000
Alterations to and purchase of equipment and fix-
tures for said building to make usable also as state police
substation $25,000
Total $115,000
270:2 Borrowing Authority Increased. Amend 1963, 251 as amend-
ed by inserting after section 17 the following new section: 251:17-a
Borrowing Increased. The authority granted to borrow funds under the
provisions of sections 8, 9, 10, 11, 12 and 13 of this act is increased relative
to the appropriations made in section 1 of this act by forty thousand
dollars.
270:3 Effective Date. This act takes effect on its passage.
[Approved July 6, 1965.]
[Effective date July 6, 1965.]
CHAPTER 271.
AN ACT PROVIDING FOR AN OPEN SEASON ON FISHER.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
271:1 Fisher. Amend RSA 210 by inserting after section 3 as amend-
ed by 1961, 147: 1 the following new subdivision:
Fisher
210:3-a Open Season. Fisher may be taken and possessed by the use
of dogs, guns and traps from October 20 to February 1 in all counties of
the state except Coos where no fisher may be taken unless, upon the writ-
ten request of the selectmen of a town or the council of a city or the ex-
ecutive body of any other political subdivision, a certificate of permission
has been issued by the fish and game department signed by a majority of
the commission and the director, delineating the area and the time within
which fisher may be so taken and possessed in said county. Whoever vio-
1965] Chapter 272 429
lates the provisions of this section shall be fined not less than ten dollars
for the first and not more than fifty dollars for each additional fisher
taken and possessed in violation of this section.
271:2 Repeal. RSA 2I0:3-a as inserted by 1961, 147:2 and amended
by 1963, 154:1 is hereby repealed.
271:3 Skins to be Sealed. Amend RSA 210:8 as amended by 1955, 57:1
and 1961, 24:2 by striking out the same and inserting in place thereof
the following: 210:8 Stamping; Sale of Skins. Whenever a person shall
lawfully take during the open season beaver as provided in section 5 and
7 or fisher as provided in section 3-a he shall present the skin of such
beaver or fisher, within ten days from the close of said open season to a
conservation officer who shall stamp or seal the same. Beaver or fisher
skins lawfully taken, stamped or sealed may be bought and sold.
271:4 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 6, 1965.]
[Effective date September 4, 1965.]
CHAPTER 272.
AN ACT RELATIVE TO MOVEMENT OF HOUSE TRAILERS OR MOBILE HOMES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
272:1 Registration of Motor Vehicles. Amend RSA 260:12-b as in-
serted by 1961, 41:3 by inserting after the word "chapter" in line tliree the
words, or moved, so that the section is amended to read as follows:
260:12-b Payment of Taxes Required. No house trailer or mobile home
shall be registered in accordance with the provisions of this chapter or
moved after a tax has been assessed upon said house trailer or mobile
home unless the owner or person requesting registration has satisfied the
commissioner that all taxes assessed thereon for the year for w^hich regis-
tration is sought to have been paid; except that if registration is sought
before a tax for that year has been assessed against said house trailer or
mobile home, the commissioner may issue such registration which he
may revoke at any time upon notice by the collector of taxes that the taxes
have been assessed and billed and remain unpaid.
272:2 Amendment. Amend RSA 260 by inserting after section
260:12-b as inserted by 1961, 41:3 the following new sections:
260:12-c Removal of House Trailers. No house trailer or mobile
home which is in this state on April first in any year, except those con-
stituting a dealer's stock-in-trade, shall be removed from the place where
430 Chapter 273 [1965
it was located on April first unless the owner thereof shall produce and
deliver to the person moving the same a receipted tax bill for the tax as-
sessed as of said April first, or a statement signed by a majority of the
board of selectmen or assessors of the place where the trailer was located
on April first that the same may be moved without the payment of the
taxes assessed thereon. The persons moving such trailer or mobile home
shall hold the receipted tax bill or statement of the selectmen during the
period of transit of said trailer or mobile home and upon arrival at its
destination deliver the same to the owner of the trailer or mobile home.
260:12-d Penalty. Any person violating the provisions of 260:12-c
shall be subject to a fine of not more than one hundred dollars.
272:3 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 6, 1965.]
[Effective date September 4, 1965.]
CHAPTER 273.
AN ACT RELATIVE TO THE REGISTRATION OF BUSES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
273:1 Registration Fees for Buses. Amend paragraph XVI of RSA
262:1 (supp) as inserted by 1957, 233:1 by striking out the entire para-
graph and inserting in place thereof the following new paragraph:
XVI. For motor vehicle used exclusively as a school bus or as a bus
for transportation of minors to and from functions of religious organ-
izations, twenty-five dollars. The provisions of paragraph III hereof shall
not apply to motor vehicle used exclusively as a school bus or as a bus for
transportation of minors to and from official functions of religious or-
ganizations. The provisions of the paragraph shall not apply to munici-
pally o^vned vehicles nor to vehicles of public utilities or common carriers.
273:2 Takes Effect. This act shall take effect April 1, 1966.
[Approved July 6, 1965.]
[Effective date April 1, 1966.]
1965] Chapter 274 431
CHAPTER 274.
AN ACT RELATIVE TO THE APPLICATION OF MOTOR VEHICLE LAWS TO
CERTAIN NON-PUBLIC WAYS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
274:1 Definitions. Amend paragraph XXXV of RSA 259:1 by in-
serting at the end thereof the words, and ways provided and maintained
by public institutions to which state funds are appropriated, for public
use, so that said paragraph as amended shall read as follows: XXXV.
"Way", any public highway, street, avenue, road, alley, park or parkway,
or any private way laid out under authority of statute, and ways provided
and maintained by public institutions to which state funds are appro-
priated, for public use.
274:2 Application of Statutes. Amend RSA 262 by inserting after
section 43 the following new subdivision:
Motor Vehicle Laws
262:44 Added Application. The provisions of this chapter and suc-
ceeding chapters 262-A, 263, 264, 265, 266, 267, 268 and 269 shall be con-
strued to include motor vehicle operations on ways provided and main-
tained by public institutions, to which state funds are appropriated, for
public use.
274:3 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 6, 1965.]
[Effective date September 4, 1965.]
CHAPTER 275.
AN ACT PROHIBITING FORGING OR ALTERING A PRESCRIPTION UNDER THE
DRUG LAW.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
275:1 Altering Prescriptions Forbidden. Amend RSA 318 by insert-
ing after section 318:52 a new section as follows. 318:52-a Fraud or De-
ceit. It is unlawful to obtain or attempt to obtain a drug or device sold
by prescription of a physician, dentist or veterinarian that bears a state-
ment that it is to be dispensed or sold only by or on the prescription of a
physician, dentist or veterinarian by (a) fraud, deceit, misrepresentation
or subterfuge; (b) by the forgery or alteration of a prescription or of any
432 Chapter 276 [1965
written order; or (c) by the concealment of a material fact; or (d) the use
of a false name or the giving of a false address.
275:2 Drugs and Druggists. Amend RSA 318:8, as amended by
1961, 222:1, by inserting after the word "purpose" the words, and of all
peace officers within the state, and of all county attorneys, so that the
section is amended to read as follows: 318:8 Enforcement of Law by. It
shall be the duty of the commission, through officials and employees ap-
pointed by it or under its supervision for that purpose, and of all peace
officers within the state, and of all county attorneys, to enforce all the
provisions hereof. When so requested, the division of public health serv-
ices and its officials and employees shall cooperate with the commission in
collecting and analyzing samples of drugs and medicines sold, or sus-
pected of being sold, in violation of this chapter.
275:3 Effective Date. This act takes effect sixty days after its passage.
[Approved July 6, 1965.]
[Effective date September 4, 1965.]
CHAPTER 276.
AN ACT RELATIVE TO AUCTIONEERS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
276:1 Surety Company Bonds. Amend RSA 311-A (supp) by insert-
ing after section 3 as inserted by 1961, 247:1 the following new section:
311-A:3-a Bond Required for Nonresident. All nonresident applicants
for license to engage in the practice of auctioneering shall be required to
furnish with their application or renewal thereof, in the form prescribed
by the secretary of state, a bond of reputable surety company in the
amount of five thousand dollars, as security for compliance with the
provisions of this chapter, and which bond shall be deposited and safely
kept in the office of the secretary of state. The premiums on said bonds
shall be paid by the applicant.
276:2 Licenses. Amend RSA 311-A: 4 (supp) as inserted by 1961,
247:1 by striking out the words "affidavits of at least two disinterested
persons who are reputable freeholders, in the area where the applicant
resides" in lines nine and ten and inserting in place thereof the words,
affidavit of a licensed auctioneer, so that the section is amended to read
as folIoAvs: 311-A:4 Application for License. An application for license
shall be in writing and shall be obtained from the secretary of state. It
shall contain a showing as to the applicant's ability to judge the value of
real, personal and mixed property and such other information as the sec-
retary of state shall require to determine the qualifications of the appli-
1965] Chapter 277 433
cant and compliance with this chapter. If the applicant is an individual,
he shall verify the same; if a firm or corporation, it shall be verified by
at last two members or officers. The application shall be accompanied
by the required fee and affidavit of a licensed auctioneer, certifying that
the applicant is trustworthy and competent to auction real, personal and
mixed property in such a manner as to safeguard the interests of the
public. Each such affidavit shall among other things set forth the name,
age, address, and occupation of the affiant, the extent of his acquaint-
anceship with the applicant, his familiarity with past business experience
and dealings of the applicant and such other knowledge of the applicant
and his background upon which the affidavit is founded. Applications
for renewal licenses need not be accompanied by such affidavits.
276:3 Takes Effect. This act shall take effect sixty days after its pas-
sage but shall be applicable only to licenses or renewals thereof effective
after May 30, 1966.
[Approved July 6, 1965.]
[Effective date September 4, 1965.]
(Licenses and Renewals effective after May 30, 1966.)
CHAPTER 277.
AN ACT RELATIVE TO THE ESTABLISHMENT OF STATE JUNIOR COLLEGES.
Be it Enacted by the Seriate and House of Representatives in General
Court convened:
277:1 Declaration of Purpose. It is hereby found and declared that
in order to implement the establishment of a state junior college pro-
gram which will provide two years of standard college work for those
high school graduates who wish to complete elsewhere the requirements
for the baccalaureate degree and which will provide instruction in gen-
eral education and training to prepare students for occupations which
require two years of training leading to an associate degree, further legis-
lative directive will be required. The purpose of this act is to initiate the
preparation of such directive in a form to be presented for consideration
by the governor in connection with his capital budgeting.
277:2 Commission Established. There shall be established a New
Hampshire Junior College Commission consisting of seven members. One
senator shall be appointed by the president of the senate, two representa-
tives shall be appointed by the speaker of the house of representatives,
and four members shall be appointed by the governor. The commission
shall organize by electing one of its members as chairman. It shall be the
duty of said commission to prepare a proposal to implement the estab-
lishment of such junior colleges as they may determine in areas including
434 Chapter 278 [1965
but not necessarily limited to the greater Nashua area, Manchester,
Cheshire county, the seacoast region, the Berlin area and the Laconia
area. The commission shall gather and analyze existing pertinent avail-
able reports on the establishment of junior colleges in the state of New
Hampshire and perform any further analyses the commission deems nec-
essary or advisable. Said commission shall file its recommendations to
implement the establishment of a system of junior colleges in the state of
NeAV Hampshire with the office of the governor not later than July 1,
1966. The commission's proposal may also include, but shall not be lim-
ited to, proposed curriculum, financing, and schedule of implementation.
The committee is hereby authorized to accept and apply to the purposes
hereof gifts and grants from any persons or associations, public or private,
made for the purpose of aiding such commission in the preparation of
its recommendations.
277:3 Takes Effect. This act shall take effect sixty days after its pas-
sage.
[Approved July 6, 1965.]
[Effective date September 4, 1965.]
CHAPTER 278.
AN ACT RELATIVE TO THE NEW HAMPSHIRE STATE PORT AUTHORITY AND
THE OPERATION OF AIR NAVIGATION AND LAND
TRANSPORTATION FACILITIES.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
278:1 Operation o£ Air Navigation and Land Transportation Fa-
cilities. Amend RSA 271-A:2 (supp) as inserted by 1957, 262:1 and
amended by 1963, 181:2 by adding at the end the following new para-
graph: IV. Plan, develop, maintain, use and operate air navigation and
land transportation facilities within a fifteen mile radius of the port au-
thority headquarters at Portsmouth. Cooperate with departments, agen-
cies or commissions of the federal, state or local governments and accept
grants, aids or services from such agencies in the carrying out of this pur-
pose. Such authorization relating to air navigation and land transporta-
tion facilities shall include and be governed by all other provisions of
this chapter.
278:2 Takes Effect. This act takes effect sixty days after passage.
[Approved July 6, 1965.]
[Effective date September 4, 1965.]
1965] Chapter 279 435
CHAPTER 279.
AN ACT RELATING TO THE ORGANIZATION OF SAVINGS BANKS.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
279:1. Organization of new savings banks. Amend RSA by inserting
after chapter 386 the following new chapter:
Chapter 386-A
Incorporation of Savings Banks
386-A: 1 Incorporators. Twenty or more persons of lawful age, a
majority of ^vhom are residents of New Hampshire, may associate them-
selves together by articles of agreement in writing for the purpose of
forming a mutual savings bank or a guaranty savings bank, and, upon
compliance with the provisions of this chapter, may become a corpora-
tion with all the powers and privileges and subject to all the duties, re-
strictions and liabilities of either a mutual savings bank or a guaranty
savings bank, as set forth in the general la^vs now or hereafter in force
relating to such corporations.
386-A:2 Articles of Agreement. The articles of agreement shall set
forth that the subscribers thereto associate themselves together with the
intention of forming a corporation to do business as a mutual savings
bank or as a guaranty savings bank and shall specifically state:
I. The name by which the corporation shall be known, which name
shall include the words "savings bank", "institution for savings", or
"guaranty savings bank".
II. The purpose for which it is formed.
III. The city or town, in this state, where its business is to be trans-
acted.
IV. If a mutual savings bank, the amount and number of units of
its transferable capital debentures; if a guaranty savings bank, the amount
of its special deposit or capital stock and the number and par value of
shares thereof.
386-A: 3 Signing Articles. Each such incorporator shall subscribe to
the articles of agreement his name, residence, post office address, and the
number of units of capital debentures (in the case of a mutual savings
bank) or the number of shares of special deposit or stock (in the case of
a guaranty savings bank) Avhich he agrees to take. Each initial signer must
subscribe to one or more of such units or shares.
386-A:4 Petition. A petition requesting approval of the proposed
incorporation shall be filed with the bank commissioner. The petition
436 Chapter 279 [1965
shall be upon such form as may be prescribed by the bank commissioner
and shall contain all the information required by such form, signed and
verified under oath by the incorporators, to which shall be annexed a
signed duplicate of the articles of agreement. An examination fee of
five hundred dollars, payable to the bank commissioner, shall be paid
when the petition is filed and may be used to defray the expenses of the
proceedings on the petition, any remaining balance to be paid to the
state treasury for the credit of the bank commissioner. The bank com-
missioner shall examine each petition and if he finds that it is duly com-
pleted, he shall forthwith refer the petition to the board of trust company
incorporation. The bank commissioner shall then make such investiga-
tion of each petition as he considers expedient, for the purpose of more
fully informing the board.
386-A:5 Notice. A notice of a public hearing by the board on such
petition shall be caused to be published by the petitioners at least once
a week for three successive weeks, in one or more newspapers designated
by the commissioner. The notice shall be in such form as may be pre-
scribed by the commissioner, setting forth the place, date, and hour of
the hearing, the names, addresses and occupations of the incorporators,
and the name of the proposed corporation, and such other information
as the form may require. One of the newspapers shall be a newspaper
generally circulating in the city or town where such bank is to be located.
The first publication of such notice shall be within thirty days after the
petition has been referred to the board by the commissioner. The peti-
tioners shall also cause a copy of such notice to be mailed to every bank,
trust company, or other corporation, described in RSA 384:1, located in
the city or town where such bank is to be located, at least fourteen days
before such hearing date. The petitioners shall furnish the board with
written proof of the pubUcation and service of the notice under this sec-
tion, on or before the commencement of the hearing.
386-A:6 Hearing. The board shall hear such evidence as may be
presented by the petitioners and all other interested persons, firms and
corporations, including members of the general public. The board shall
keep a permanent verbatim record of all such evidence. The petitioners
shall submit to the board in open hearing full information as to the
identity and background of each person, firm or corporation T\ho has
subscribed to the initial capital of the proposed bank. In making its de-
cision on each petition, the board shall not take favorable action imless
it determines that:
(1) the bank will serve a useful purpose in the community in which
it is proposed to be established,
(2) there is a reasonable expectation of its financial success,
(3) its operation will not cause undue injury to existing institutions
that accept funds from savers on deposit or share accounts, and
1965] Chapter 279 437
(4) the applicants are persons of good character and responsibility,
and
(5) there is reasonable prospect of raising such amount of initial
capital funds as the board may determine to be reasonably necessary, but
not less than the requirements of section 21 of this chapter.
386-A:7 Decision. The board shall then decide the question whether
the petition shall be granted or denied and it shall make a record of its
decision. If the decision is adverse to the petitioners, no further proceed-
ings shall be had, but a new petition may be filed after one year from
the date of the decision. If the petition is granted, the petitioners shall
proceed as hereinafter provided in this chapter. The board may impose
reasonable conditions, consistent with reasonable banking standards, to
the commencement of business under any such grant.
386-A:8 First Meeting. The first meeting of the incorporators who
subscribed the articles of agreement shall be called by a notice signed
either by that subscriber to the agreement who is designated therein for
the purpose, or by a majority of the subscribers, and such notice shall
state the time, place, and purpose of the meeting.
386-A:9 Notice. Seven days at least before the day appointed for
the meeting, a copy of the notice shall be given to each subscriber, or left
at his residence or usual place of business, or deposited in the post office,
postage prepaid, and addressed to him at his residence or usual place of
business. Another copy of the notice and an affidavit of one of the sub-
scribers that the notice has been duly served shall be recorded with the
records of the proposed corporation.
386-A:10 Waiver. If all the incorporators shall, in writing indorsed
upon the articles of agreement, waive such notice and fix the time and
place of the meeting, no notice shall be required.
386-A:ll Incorporators' Powers. The incorporators who subscribed
the articles of agreement shall hold the franchise until the organization
has been completed.
386-A:I2 Organization. At such first meeting, or at any adjourn-
ment thereof, the incorporators shall organize by the election by ballot
of a temporary clerk, by the adoption of by-laws and by the election, in
such manner as the by-laws shall prescribe, of a president, a clerk of the
corporation, a treasurer, a board of not less than seven trustees or di-
rectors, and other officers, as the by-laws may prescribe. All the officers,
trustees or directors so elected shall be sworn to the faithful performance
of their duties. The temporary clerk shall make and attest a record of
the proceedings until the clerk has been elected and sworn, including a
record of the election and the qualification of the clerk. The by-laws shall
specify the number required to make a quorum at all meetings, shall
438 Chapter 279 [1965
provide for voting by proxy, and shall contain provision for future
amendments.
386-A:13 Certificate. A majority of the trustees or directors who
are elected at such first meeting shall sign and make oath to a certificate
setting forth:
I. A true copy of the articles of agreement, the names of the sub-
scribers thereto, and the name, residence and post office address of all
the officers, trustees or directors of the corporation.
II. The date of the first meeting and the successive adjournments
thereof, if any.
III. A copy of the records.
386-A:14 Approval of. Such certificate shall be submitted to the
board of trust company incorporation, who shall examine the certificate,
and who may require such amendment thereof or such additional in-
formation as they may consider necessary. If they find that the public
convenience and advantage will be served by the establishment of such
corporation, that the proposed management of such corporation will be
of satisfactory character, knowledge and experience in the field of bank-
ing, and that the proceedings in other respects conform to the provisions
of this chapter, they shall so certify and endorse their approval upon
the certificate.
386-A:15 Record of. Thereupon the certificate shall be filed in the
office of the secretary of state, who, upon payment of a fee equal to one
tenth of one percent of the authorized capital debentures, special deposit,
or capital stock of the corporation as set forth in the articles of agreement
shall cause the certificate with the indorsement thereon, to be recorded.
386-A:I6 Certificate of Incorporation. The secretary of state shall
thereupon issue a certificate of incorporation in the following form:
THE STATE OF NEW HAMPSHIRE
Be it known, that whereas (the names of the subscribers to the articles
of agreement) have associated themselves with the intention of forming
a corporation under the name of (the name of corporation), for the pur-
pose (the purpose declared in the agreement of association), with capital
debentures, capital funds, special deposit or capital stock of (the amount
fixed in the agreement of association) and have complied with the provi-
sions of the statutes of this state in such case made and provided, as ap-
pears from the certificate of a majority of the trustees or directors of said
corporation, duly approved by the board of trust company incorporation
and recorded in this office: Now, therefore, I (the name of the secretary),
secretary of state, do hereby certify that said (the names of the subscribers
to the agreement of association), their associates and successors, are legally
1965] Chapter 279 439
organized and established as, and are hereby made, an existing corpora-
tion under the name of (name of corporation), with the powers, rights
and privileges, and subject to the limitations, duties and restrictions,
which by law appertain thereto.
Witness my official signature hereunto subscribed, and the seal of
the state hereunto affixed, this day of in the year
(the date of the filing of the articles of agreement).
The secretary of state shall sign the certificate of incorporation and
cause the seal of the state to be thereto affixed; and such certificates shall
have the force and effect of a special charter.
386-A:17 Certificate or Record as Evidence. The secretary of state
shall also cause a record of the certificate of incorporation to be made,
and such certificate, or such record or a certified copy thereof, shall be
conclusive evidence of the existence of such corporation.
386-A:18 When Incorporated. The existence of such corporation
shall begin upon the filing of the certificate of the trustees or directors
in the office of the secretary of state. If any corporation organized under
this chapter shall fail to begin business within one year from the date
of its incorporation, its charter shall become void.
386-A:19 Commencement of Business. Such corporation shall not
begin the transaction of business until it has furnished proof of its ability
to satisfy any conditions imposed by the board under section 7 of this
chapter and until the initial amount of capital established by the board,
represented by the issuance of capital debentures (in the case of a mutual
savings bank) or by the issuance of special deposit or capital stock (in
the case of a guaranty savings bank), shall have been actually paid in
in cash. Upon proof thereof to the bank commissioner, he shall issue to
the corporation a certificate of authority to commence business. It shall
be unlawful for any such corporation to commence business prior to the
issuance of such certificate.
386-A:19-a Deposit Insurance. It shall be unlawful for any such
corporation to commence business until it has qualified as a bank whose
deposits are insured by the Federal Deposit Insurance Corporation or by
any successor thereto. The bank commissioner may cause any such cor-
poration to cease doing business whenever it ceases to be qualified as re-
quired in this section.
386- A: 20 Vesting of Power. In the case of a mutual savings bank,
upon the completion of organization and the issuance of capital deben-
tures, the powers of the corporation shall vest in the incorporators, as
members of the corporation, including such additional persons as may
be chosen as incorporators from time to time as provided in the by-laws.
In the case of a guaranty savings bank, upon the completion of organ-
440 Chapter 279 [1965
ization and the issuance of special deposit or capital stock with power
to vote, the powers of the corporation shall vest in the holders of the
special deposit or capital stock.
386-A:21 Minimum Capital Requirements and Guaranty Fund. The
initial capital required to organize a savings bank shall consist of the
following minimum amounts in cash or such greater sum as may be rea-
sonably required by the board: fifty thousand dollars in towns and cities
of not more than six thousand inhabitants, one hundred thousand dollars
in tounis and cities of more than six thousand inhabitants and not more
than fifty thousand inhabitants, and two hundred thousand dollars in
those of more than fifty thousand inhabitants. Such initial capital shall
ue subdivided into a special reserve and an initial surplus, in amounts
fixed by the board. All amounts advanced for such purpose shall be evi-
denced by transferable capital debentures, in the case of a mutual sav-
ings bank, and by special deposit or capital stock, in the case of a guaranty
savings bank. Such special reserve shall be used only for the purpose of
meeting losses, but this restriction shall not apply to the initial surplus.
The provisions of RSA 386:9 and 12 shall determine the required addi-
tions to capital funds for the purpose of building a guaranty fund and
a guaranty fund surplus; and the commissioner may require any such
bank to increase its capital funds or regulate the amount of its deposits,
from time to time, as may be necessary, to comply with reasonable bank-
ing standards, not inconsistent with law,
386-A:22 Capital Debentures and Special Deposit. The issuance of
capital debentures, including increases therein, shall be governed by the
provisions of RSA 384:14-a (supp), except as otherwise provided in this
chapter; but the commissioner shall first approve the maturity, interest
rate, and repayment provisions of each such debenture. No retirement
of capital debentures, in whole or in part, shall be permitted which
would leave the guaranty fund, or the guaranty fund plus the remaining
special reserve, less in amount than the full and unimpaired guaranty
fund required of such a bank under general law. The total amount
of the capital debentures or special deposits of such corporation held by
any other savings bank shall not at any time exceed ten percent of the
total capital debentures or special deposits issued by such corporation.
Such capital debentures shall be transferable only on the books of the
corporation and shall be subordinate to all general deposits and to all
other debts, claims and obligations of the bank. The issuance of special
deposit or capital stock, including increases therein, shall be governed
by the provisions of RSA 386:12-17.
386-A:23 Deposits. A savings bank organized hereunder may accept
savings deposits from any person, persons, firm, association or corpora-
tion disposed to enjoy the advantages of such bank. Any such bank may
classify its savings depositors according to the character, amount, dura-
1965] Chapter 280 441
tion or regularity of their dealings with the bank, and, subject to other
applicable provisions of law, may agree with its depositors to pay an addi-
tional rate or rates of interest based on such classification, so long as each
depositor shall receive the same rate of interest as all others in his class.
The right is reserved to such banks to refuse any sums offered for de-
posit and to repay deposits. In addition to the powers contained in its
by-laws or the statutes relating to special notice accounts, any such bank
may at any time require that up to ninety days' advance notice be given
to it by each depositor prior to the withdrawal of any savings deposit or
portion thereof; provided that written notice of the action taken by the
bank shall be given immediately to the bank commissioner.
386-A:24 Voluntary Dissolution. A savmgs bank organized here-
under may be dissolved, as provided in RSA 294:97-98, whenever a ma-
jority of its incorporators (in the case of a mutual savings bank) or a ma-
jority of its special deposit or capital stock (in the case of a guaranty
savings bank) shall have voted to authorize its dissolution. The court
may order that liquidation be carried out under the supervision of the
bank commissioner.
386-A:25 Application of Chapter. The foregoing sections of this
chapter shall not apply to savings banks incorporated prior to the effec-
tive date of this chapter and nothing contained in this chapter shall be
construed to modify their corporate charters nor to affect their respective
corporate existences.
279:2 Effective Date. This act takes effect sixty days after its passage.
[Approved July 6, 1965.]
[Effective date September 4, 1965.]
CHAPTER 280.
AN ACT TO ESTABLISH LIFEGUARD SERVICES AND STATE CONTROLLED AUTO
MOBILE PARKING LOT OPERATION AT HAMPTON BEACH STATE PARK.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
280:1 Facilities at Hampton Beach State Park. Subject to the con-
dition set forth in section 3 of this act, the director of the division of parks
of the department of resources and economic development is directed
to provide and supervise beach patrol personnel and provide and main-
tain the proper equipment for lifeguard services at Hampton Beach State
Park. The director is further directed to provide and supervise the at-
tendants and provide and maintain the proper equipment for the opera-
tion of a public parking lot at the Hampton Beach State Park, and is
authorized to charge a fee for the use of the lot by the public.
442 Chapter 281 [1965
280:2 Appropriation. The sum o£ twenty-five thousand nine hun-
dred eighty dollars is appropriated for the fiscal year ending June 30,
1966, and the sum of sixteen thousand three hundred and thirty-five dol-
lars is appropriated for the fiscal year ending June 30, 1967, to be spent
by the division of parks for the purposes set forth in section 1 of this act.
280:3 Conditions of Acceptance. As a condition to the state pro-
viding lifeguard service at Hampton Beach State Park and in operating
the parking lot it is necessary that the town of Hampton relinquish to
the state division of parks the town's operation of the parking of auto-
mobiles at the state park. When the director of the division of parks of
the department of resources and economic development certifies to the
governor that the town of Hampton has relinquished its operation of
parking at the park to the state division of parks, the governor is author-
ized to draw his warrant for the sums appropriated out of any money
in the treasury not otherwise appropriated. After this act becomes effec-
tive the director of the division of parks is directed to turn over all reve-
nues received from parking fees in the parking lot to the state treasurer.
The state treasurer shall credit these parking revenues to the appropria-
tion hereby made.
280:4 Effective Date. This act takes effect upon its passage.
[Approved July 6, 1965.]
[Effective date July 6, 1965.]
CHAPTER 281.
AN ACT MAKING APPROPRIATIONS FOR CAPITAL IMPROVEMENTS AND LONG
TERM REPAIRS FOR THE STATE OF NEW HAMPSHIRE.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
281:1 The sum of five million four hundred fifty one thousand eight
hundred seventy two dollars is hereby appropriated for the purpose of
capital improvements and long term repairs, which purpose includes such
related improvements, facilities, equipment and furnishings as are enu-
merated herein.
The appropriations for the projects are as follows:
I Administration and Control:
Renew state library roof and complete related
repairs $20,000
Purchase, renovate and make necessary related ex-
penditures to establish state offices in old post
office building 100,000
1965] Chapter 281 443
Acquisition of land, buildings, rights of way, ease-
ments, improvements and betterments 100,000*
220,000
*This appropriation shall lapse at June 30, 1967.
II Adjutant general:
Littleton armory — grade and pave parking area, walk
and driveway 22,000
III Education:
Vocational institute:;];
Site 50,000
Site development 100,000
Building 836,000
Architect's fee 40,000
Equipment 400,000
1,426,000
Vocational institute: J
Site 50,000
Site development 100,000
Building 836,000
Architect's fee 40,000
Equipment 400,000
1,426,000
2,852,000
|;Location priority for the new vocational institutes shall be given
by the state board of education to areas where site, site development,
water and sewerage services and snow removal will be provided by public
or private interests. The appropriations for site and/or site development
shall lapse if site and/or site development is furnished by public or pri-
vate interests. Plans and specifications for these projects must be approved
by the public works division of the department of public works and high-
ways. The buildings shall be limited to an area of 44,000 square feet.
IV Industrial school
Cottage containing facilities for thirty boys and
the house parents. To contain approximately
10,000 square feet and be heated by an under-
ground line from the existing power plant.
The building to be of steel and masonry con-
struction with brick facing:
Site development including piling 37,000
Building 160,000
Steam line 25,000
Architect's fee 13,500
444 Chapter 281 [1965
Furniture and equipment 20,000
Contingencies 11,500
267,000
Installation of sprinkler systems in riverview and
Spaulding cottages 17,000
V Health and welfare:
Laconia state school:
Boys cottage. To be a one story building with a
partial basement containing approximately
8,700 square feet and constructed on land
owned by Laconia state school. Building to be
of steel and masonry construction with brick
facing and to be constructed adjacent to pres-
ent Sanborn cottage:
Building 156,600
Water and sewer lines 8,000
Approach road and parking area 15,000
Architect's fee 10,776
Furnishings 20,000
Demolition of Sanborn* 2,500
Contingencies 7,124
220,000
Renovate, reconstruct and equip Baker building 75,000
New administration building 200,000
Boiler repair replacement and conversion 170,000
Sidewalk and street reconstruction 50,000
Laundry equipment 20,000
284,000
735,000
*Sanborn cottage and barn shall be demolished upon completion of
boys cottage.
New Hampshire hospital:
Furnishings for patients rooms 300,000
VI Port authority:
Water line installation 3,000
Construct and equip permanent fueling berth 16,000
Pave parking and storage areas 25,000
Free foreign trade zone 1,500
Construct and equip second section transit shed 35,000
80,500
1965] Chapter 281 445
VII State prison:
Construct and equip farm implement storage shed
with inmate locker room 17,000
Purchase of prison industry equipment 33,420
50,420
VIII Department of safety:
Establish and equip crime detection laboratory 10,000
IX Soldiers home:
Recondition and equip dispensary building 17,500;|;
JThis appropriation available for expenditure only if matched by
federal funds on a 50-50 matching basis.
X Water resources board:
Land easements and rights of way:
Baker river sites 399,420
Souhegan river sites 61,532
*Dams, water rights, and lands connected there-
with at Contoocook river park dam in the city
of Concord and town of Hopkinton; Bunker
Pond in Epping; Chandler Pond in Landaff;
Suncook river dam in Barnstead; Steele Pond
in Antrim; and at Winnisquam lake in Til-
ton, Sanbornton, Belmont and Laconia 116,500
577,452
*Tax exemption. The dams, water rights and lands connected there-
with hereby authorized to be acquired by the water resources board for
the benefit of the state are exempt from taxation so long as the properties
are held by the state.
XI Aeronautics commission:
Development and improvement of air navigation
facilities 225,000*
Purchase and installation of visual omni range
equipment 78,000
303,000
*This appropriation shall be for the development and improvement
of air navigation facilities as defined by RSA 422:3, VI under the follow-
ing conditions: (a) If used to augment local funds, to be spent in the ratio
of twenty-five per cent state funds to twenty-five per cent local funds for
the development and improvement of air navigation facilities with fed-
eral aid under the federal aid airport program; or (b) if used to augment
local funds, to be spent in the ratio of fifty per cent state funds to fifty
per cent local funds on joint state and local projects which do not qualify
for federal aid, subject to determination by the commission that such a
446 Chapter 281 [1965
project satisfies a public need. Of the sum appropriated by this section,
t^venty-five thousand dollars or as much of that sum as necessary may be
used for consulting engineering services.
Total — section 1 5,451,872
1-a. The sum of twenty five thousand dollars is hereby appropriated
for the purpose of capital improvements and